Sentinel & Enterprise

Detective: Brothers detailed how Smollett staged hoax

- By Don Babwin and Sara Burnett

Two brothers arrested for an alleged attack on Jussie Smollett recounted for 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, a lead investigat­or testified Tuesday.

Taking the stand as prosecutor­s began their case against Smollett, former 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, who now is assistant director for research and developmen­t for the Chicago Police Department, 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 cellphone and records from ride-sharing services.

“The crime was a hate crime, a horrible hate crime,” Theis said, noting Smollett — who is Black and gay — reported that his attackers put a noose around his neck and poured bleach on him. He said the case had become national and internatio­nal news and that “everybody from the mayor on down wanted to know what happened,” a reference to thenMayor Rahm Emanuel.

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 he likely would be placed on probation and perhaps ordered to perform community service.

After police arrested Abimbola and Olabingo Osundairo — brothers who also worked on the set of “Empire” in Chicago — 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 downtown neighborho­od 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.

Jurors were shown surveillan­ce video of the brothers buying supplies, including a red hat they told police Smollett wanted them to wear to resemble supporters of thenPresid­ent Donald Trump, and a piece of clotheslin­e later fashioned into the noose. Jurors also saw a still image from a video that Theis said showed Smollett returning home the night of the alleged attack, with the clotheslin­e draped around his shoulders. The clotheslin­e was wrapped around his neck when officers arrived, Theis said, leading detectives to believe Smollett may have retied it.

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