San Francisco Chronicle

Detective: Brothers described how Smollett staged hoax

- By Don Babwin and Sara Burnett Don Babwin and Sara Burnett are Associated Press writers.

CHICAGO — Two brothers arrested for an alleged attack on Jussie Smollett told Chicago police how the ex-“Empire” actor orchestrat­ed the hoax, telling them via text message to meet him “on the low,” paying for supplies and holding a “dry run” in downtown Chicago, the lead investigat­or testified Tuesday.

Taking the stand as prosecutor­s began their case against Smollett, former Chicago police Detective Michael Theis said he initially viewed the actor as a victim of a homophobic and racist attack and that police “absolutely” didn’t rush to judgment as Smollett’s defense attorney alleged during opening statements Monday.

Theis said roughly two dozen detectives clocked some 3,000 hours on what they thought was a “horrible hate crime” in January 2019. He said they were excited when they were able to track the movements of two suspected attackers using surveillan­ce video and cell phone and rideshare records.

“The crime was a hate crime, a horrible hate crime,” Theis said, noting Smollett reported that his attackers put a noose around his neck and poured bleach on him.

Smollett is charged with felony disorderly conduct for making what prosecutor­s say was a false police report about the alleged attack. The class 4 felony carries a prison sentence of up to three years, but experts have said if Smollett is convicted it’s likely he would be placed on probation.

After police arrested Abimbola and Olabingo Osundairo — brothers who also worked on the “Empire” set — as they returned to Chicago from Nigeria, the men said Smollett wanted to stage the attack because he was unhappy about how the TV studio handled hate mail the actor had received, Theis said. He said investigat­ors checked out the brothers’ account, including that the actor picked them up days before the attack and drove them around the area of downtown where he lived and talked about what would happen, and corroborat­ed their version of events using GPS, cellphone records and video evidence. Police found no instance where they concluded the men were lying, he added.

“At the end of the investigat­ion, we determined that the alleged hate crime was actually a staged event,” Theis said, and the Osundairo brothers were released.

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 ?? Charles Rex Arbogast / Associated Press ?? Actor Jussie Smollett (center), who is accused of lying about an attack to police, arrives with his mother Janet (left) and other family members at the courthouse for the second day of his trial in Chicago.
Charles Rex Arbogast / Associated Press Actor Jussie Smollett (center), who is accused of lying about an attack to police, arrives with his mother Janet (left) and other family members at the courthouse for the second day of his trial in Chicago.

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