
As Jussie Smollett’s trial in Chicago for allegedly faking a hate crime and making false accusations to police continued Tuesday, the prosecution continued to lay out its case against the former “Empire” actor.
Michael Theis, the case’s lead investigator, testified that the two brothers initially accused of attacking Smollett – Abimbola and Olabingo Osundairo – actually planned the simulated hate crime alongside the 39-year-old actor, who is Black and gay.
In response to Smollett’s attorney’s allegation that police rushed through the investigation before reaching their accusation that Smollett faked the attack, Theis noted that around two dozen detectives logged around 3,000 hours chasing down leads, including tracking the movements of the Osundairo brothers with surveillance camera footage, cellphone records, and ride-share logs.
Theis also detailed statements from the Nigerian-born Osundairos regarding text messages from Smollett telling them to meet him “on the low, reimbursements from Smollett for supplies for the attack, including the clothesline they turned into a noose, and a meet-up with Smollett for a “dry run” of the attack in January 2019.
The surveillance camera footage which showed part of the “dry run” was shown to jurors.
He said the brothers also explained Smollett’s disappointment over the way his bosses at “Empire” had handled hate mail he received.
“The crime was a hate crime, a horrible hate crime,” Theis said as he detailed the pressure the police were under from “everybody from the mayor on down” to solve a case that had become an international news story.
Theis testified that police were able to corroborate the Osundairos’ version of the events leading up to the attack on Smollett.
Both brothers are expected to testify during the trial.
As for Smollett’s defense, attorney Nenye Uche attacked the Osundairos’ credibility and suggested that homophobia was behind their attack on Smollett.
Uche attempted to paint the brothers as unreliable, noting that a search of their apartment by police turned up heroin and guns.
He also explained away a $3,500 check from Smollett to the Osundairos as payment for personal training, not as reimbursement for a faked attack.
Uche also suggested the presence of a third attacker, pointing to an area resident who claimed she saw someone in the area with “what appeared to be a rope” visible beneath his jacket.
Theis admitted during cross-examination that he did see the woman’s statement but that the man had been seen in the area a few hours prior to the attack and that she reported the rope she saw to be a different color than the one used by the Osundairo brothers.
It is currently unknown whether Smollett will take the stand during the trial, which was expected to last about a week. He is officially charged with six counts of felony disorderly conduct and faces up to three years in prison.