Nearly three years after Jussie Smollett reported to Chicago police that he was the victim of a racist and homophobic attack, the former “Empire” actor is going to trial Monday on charges that he staged the incident.
Smollett, 39, was charged with felony disorderly conduct after law enforcement and prosecutors said he lied about what happened in the early morning hours of Jan. 29, 2019, in downtown Chicago. Disorderly conduct, a class 4 felony, carries a sentence of up to three years in prison but experts have said it is more likely that if Smollett is convicted he would be placed on probation and perhaps order to perform community service.
Smollett has maintained his innocence throughout the whole ordeal.
The actor, who has since stayed away from the spotlight and whose career has been derailed dramatically, will make his way to and from court as his trial begins. Jury selection began Monday in a Chicago courtroom, and Judge James Linn said he expects the trial to take about one week.
Key witnesses in the trial will be the brothers, Abimbola and Olabinjo Osundairo, who say Smollett wrote them a check to stage the attack. They are expected to characterize Smollett as the star and director of an “attack” in full view of a surveillance camera that he mistakenly believed would record the whole event.
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The brothers will also describe how Smollett drove them to the spot where the incident was to play out for a “dress rehearsal,” said their lawyer, Gloria Rodriguez.
“He was telling them ‘Here’s a camera, there’s a camera and here’s where you are going to run away,’ ” Rodriguez added.
Jurors also may see surveillance video from more than four dozen cameras that police reviewed to trace the brothers’ movements before and after the reported attack, as well as a video showing the brothers purchasing a red hat, ski masks and gloves from a beauty supply shop hours earlier.
Smollett’s attorneys have not spelled out how they will confront that evidence and the lead attorney, Nenye Uche, declined to comment ahead of this week’s proceedings. But there are clues as to how they might during the trial.
Buried in nearly 500 pages of Chicago Police Department reports is a statement from a woman who lived in the area who says she saw a white man with “reddish brown hair” who appeared to be waiting for someone that night.
She told a detective that when the man turned away from her, she “could see hanging out from underneath his jacket what appeared to be a rope.”
Her comments could back up Smollett’s contention that his attackers draped a makeshift noose around his neck. Further, if she testified that the man was white, it would support Smollett’s statements — widely ridiculed because the brothers, who come from Nigeria, are Black — that he saw pale or white skin around the eyes of one of his masked attackers.
The trial comes over a month after the judge denied a last-ditch effort to dismiss the criminal case against Smollett on Oct. 15, setting a date for the trial. Linn allowed Uche, one of the newest members of Smollett’s team of defense lawyers, to plead for dismissal again.
Among his most passionate arguments, Uche said Smollett had been offered a non-prosecution deal by previous prosecutors in the Cook County state’s attorney’s office and that Smollett had kept his side of the bargain, having already performed community service and given up a $10,000 bond under the deal.
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Here’s a timeline of all the key moments since Smollett’s alleged Chicago attack:
Table of Contents
January 2019: Smollett files police report alleging assault in Chicago; police question claims
On Jan. 22, Smollett claimed he received a racist and homophobic threatening letter at the Chicago studio where “Empire” was being filmed. Police later said they believed the actor sent the letter himself.
On Jan. 29, Smollett told police he was attacked by two men in downtown Chicago at 2 a.m. and said they used racist and homophobic slurs. He also reported they wrapped a rope around his neck and poured an “unknown substance” on him. Smollett, according to police, told detectives attackers also yelled “This is MAGA country!” before fleeing the scene.
Background: ‘Empire’ star Jussie Smollett: Attackers yelled, ‘This is MAGA country’ during beating
The following day, Chicago police announced they reviewed hundreds of hours of surveillance camera footage, including of Smollett walking downtown, but none showed the attack. Police then obtained and released images of two “persons of interest” to question.
‘Empire’ co-star Taraji P. Henson decries Jussie Smollett attack: ‘Hate will not win’
February 2019: Police arrest and release two suspects, claim Smollett staged the attack
On Feb. 1, Smollett issued a statement saying he’s OK, that he’s working with authorities and has been “100 percent factual and consistent on every level.” The next day, Smollett opened a concert in West Hollywood, California, with an emotional speech, saying he had to play the show because he couldn’t let his attackers win.
On Feb. 13, Chicago police picked up two Nigerian brothers at Chicago’s O’Hare International Airport after police learned at least one worked on “Empire.” Police questioned them and searched their apartment, arresting them on suspicion of assault. Two days later, the brothers were released without charges and a police spokesman said they were no longer suspects.
The following week, police said the investigation “shifted” after detectives questioned the brothers, and request a follow-up interview with Smollett. His lawyers said he felt “victimized” by reports that he played a role in the assault.
On Feb. 19, Chicago’s top prosecutor, Cook County State’s Attorney Kim Foxx, recused herself from the investigation. Her office said the decision was made “out of an abundance of caution … to address potential questions of impartiality based upon familiarity with potential witnesses in the case.”
As February came to a close, prosecutors charged Smollett with disorderly conduct for filing a false police report about the alleged attack. Chicago Police Superintendent Eddie Johnson said Smollett staged the attack because he was unhappy with his salary and wanted publicity. Investigators said they have a $3,500 check that Smollett used to pay the two brothers to help him. Smollett’s character was removed from the final two episodes of the “Empire” season.
March 2019: Smollett indicted on 16 counts of disorderly conduct, lying to police
On March 7, a Cook County grand jury handed up charges for each time the actor “knowingly” told police he was the victim of “battery, a hate crime, and an aggravated battery,” amounting to 16 counts. Prosecutors said he knew at the time “there was no reasonable ground for believing that such offenses had been committed.”
On March 14, the actor pleaded not guilty. The following week, Smollett’s attorneys said charges alleging he lied to police were dropped.
“After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” read a statement from the office of the Cook County State’s Attorney Kim Foxx, sent to USA TODAY in 2019 by her spokeswoman, Tandra Simonton.
On March 28, however, a city official said Chicago was seeking $130,000 from Smollett to cover the cost of the investigation into his reported attack, which police believed was staged.
April 2019: More lawsuits filed in the case
On April 11, the city of Chicago filed a lawsuit seeking to recoup the investigation costs.
Days later, the Cook County State’s Attorney’s Office released thousands of documents in the Smollett case in response to open records requests, including a text from Foxx calling Smollett a “washed up celeb” who was overcharged.
On April 23, the brothers who said they helped Smollett stage the attack filed a defamation lawsuit against the actor’s attorneys.
August 2019: Judge names special prosecutor to investigate
On Aug. 23, a judge named former U.S. Attorney Dan Webb as special prosecutor to investigate why charges against Smollett were dropped.
February 2020: Smollett pleads not guilty to restored charges
On Feb. 11, Webb said the grand jury returned six-count indictment against Smollett, accusing him of lying to police. On Feb. 24, Smollett pleaded not guilty to restored charges.
More: Jussie Smollett indicted on new charges over alleged Chicago attack; attorney responds
September 2020: Smollett speaks out for first time in over a year
In a rare interview with BET correspondent and Temple University professor Marc Lamont Hill on Sept. 10, Smollett maintained his innocence and called his legal troubles “frustrating.”
Smollett also said in the interview that he believed law enforcement and the media were “trying to sell” an agenda by highlighting only certain aspects of the case to paint the picture of a guilty man.
“When I step back, I can see the way they served the narrative to the people: That it was intentionally created to make people doubt from the very, very beginning. But at the same time, I’m not really living for the people that don’t believe,” he said.
More: Jussie Smollett maintains innocence in rare interview; judge denies motion to drop case
Contributing: Maria Puente, Hannah Yasharoff, Jayme Deerwester, USA TODAY; The Associated Press
This article originally appeared on USA TODAY: Jussie Smollett trial begins with jury selection: Everything we know
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