Jussie Smollett trial: Defense rests after prosecutor matches his version of events with other testimony
Smollett, 39, pleaded not guilty to six counts of disorderly conduct for making a false police report. This offense is punishable by up to three years in prison.
The trial, which began last week, is the culmination of a case that began on the horrific night of January 29, 2019, when Smollett told police that two men assaulted him, making comments argued against homophobia and racism, poured bleach on him and put a noose around his neck. Celebrities, politicians and advocacy groups have rallied behind the actor, and the police have poured considerable resources into solving the case.
But authorities soon believed that the actor had paid two acquaintances – brothers Bola and Ola Osundairo – $3,500 to fake a hate crime attack in order to garner media sympathy.
Defense lawyers argued that Smollett was the actual victim of an assault and suggested the Osundairo brothers had other motives. The defense called all seven witnesses, notably Smollett’s own testimony.
Closing statements in the trial will take place on Wednesday, followed by jury instructions and deliberation.
Prosecution of Smollett .’s testimony
Special prosecutor Dan Webb’s cross-examination of Smollett began Monday afternoon and continued into Tuesday morning when he compared Smollett’s testimony with that of the Osundairo brothers.
“I completely deny that. It never happened,” he said emphatically.
Smollett denied he ever told the brothers to buy a red hat to look like Trump supporters or any item in particular. He also said he never told them to do any kind of rehearsal about the alleged spoofing attack.
On January 27, 2019, two days before the incident, Smollett picked up the Osundairo brothers for what prosecutors described as an “escape” of purported planning. However, Smollett told jurors that he actually contacted Bola Osundairo to practice, and Ola Osundairo also got in the car.
Smollett said he picked up the brothers at their north Chicago mansion because “Ubers were going crazy” and brought them back to his apartment building downtown for the purpose of going to the gym. his fitness and strength training. However, footage of the vehicle shows the group going around Smollett’s neighborhood and no one getting out.
Smollett proves he was texting on his phone about doing an interview and that it was “weird” that Ola was there, so he decided to cancel practice.
“It’s easier to just use the interview as an excuse, ‘Well now we can’t really work it out, so I’ll take you back,'” he said.
The vehicle passed through the stairs where the attack is said to have taken place three times. Smollett said the stairs were “around my apartment” and he denied that he told the brothers that was where he wanted an attack to happen.
Webb and Smollett engaged in a series of controversial exchanges during the cross-examination, especially when Webb read one of Smollett’s Instagram messages to Bola Osundairo from January 28, 2019.
Webb began reading aloud a text with the word “n***a” as Smollett grimaced and shook his head. Webb then switched to another Smollett text, starting with “n *** a” again, but this time Smollett cut him off.
“Can you just say ‘the n-word’ or spell it out?” Smollett said. “Out of respect for every African-American here.”
Webb agreed and focused on the many flight status updates Smollett gave via Instagram messages when he was delayed back to Chicago from New York. Smollett admitted that Bola Osundairo called him at 12:49 a.m. when he finally landed on January 29.
Bola Osundairo testified last week that the call was Osundairo asking the time of the staged attack. But under oath on Tuesday, Smollett denied that ever happened.
Smollett tied the rope around his neck for the police to see
In Monday’s testimony, Smollett presented his version of what happened on the night of January 29, 2019.
He told the court he was walking back up the stairs of the building after returning from a Subway sandwich shop when he heard two people shouting the word “Empire” and slurs against him. homosexuals and racists. Then the men walked towards him very quickly and attacked, Smollett testified.
He didn’t realize until later there was a rope tied around his neck, he testified, “because I got hit on my ass.”
During the cross-examination, Webb questioned Smollett about the noose around his neck when the police arrived. He pulled side-by-side images of Smollett – one wearing a noose as he entered his building and one when the police arrived – and noted the difference in the shape of the rope.
Smollett denied tampering with the rope. He testified that he removed the noose after returning to his building. However, his manager told him not to mess with the evidence, he testified, so he tied the rope around his neck before the police arrived.
One of the officers who testified earlier last week for the prosecution said he arrived to find Smollett with a noose around his neck.
“My first reaction was to ask him if he wanted to take it off… he replied by saying he wanted to take it off but he wanted us to see it first,” officer Muhammad Baig did. proof.
Smollett says he had sex with star witness
Smollett’s testimony also outlines his relationship with Bola and Ola Osundairo, whom he knew from the set of the “Empire” TV show.
Prosecutors say the brothers were paid by Smollett to carry out an attack because he was frustrated with the way TV show hosts responded to a hate letter he received. The defense countered that Smollett had paid the men for nutrition training and advice.
Defendants suggested at points during the trial that homophobia may have been the motive in an actual hate crime attack against Smollett.
In his testimony, Smollett said Bola Osundairo would help him buy drugs, including cocaine. He also said the two had faked an affair. Smollett testified that one night, they had a private room at a bathhouse in Chicago and “had used more drugs and preferred, more concocted.”
In a separate instance, Smollett told jurors that he and Bola Osundairo snuck away from his brother after all three were at a women’s strip club. Smollett testified that they had a separate room again and “had a little sex, masturbated together.”
Smollett’s testimony contradicts that of Bola Osundairo last week. He denied they had a sexual relationship and said he “didn’t know” even had any sexual tension.
The defense has struggled to get in at this point. Last week, while cross-examining Ola Osundairo, a defense lawyer asked him about his use of words they said he was homophobic.
CNN’s Omar Jimenez and Bill Kirkos reported from Chicago and Steve Almasy reported and wrote from Atlanta. Eric Levenson contributed to this report.
