The Columbus Dispatch

Smollett awaits verdict as jurors consider case

- Don Babwin and Sara Burnett

CHICAGO – Jurors in Jussie Smollett’s trial resumed deliberati­ons Thursday on charges the former “Empire” actor orchestrat­ed a fake attack on himself, then lied to Chicago police about being the victim of an anti-gay, racist hate crime.

The jury deliberate­d for about two hours on Wednesday following a roughly one-week trial. They asked Judge James Linn for a copy of a calendar prosecutor­s displayed at trial that indicated relevant dates, including that of the alleged attack and of what two brothers testified was a “dry run” for the Jan. 29, 2019, assault.

In closing arguments earlier Wednesday, a prosecutor told jurors there is “overwhelmi­ng evidence” that Smollett staged the attack, then lied to police about it for publicity. His defense attorney said prosecutor­s’ case was based on lies.

Two brothers testified last week that Smollett recruited them to fake the attack near his home in downtown Chicago. They said Smollett, who is Black and gay, told them to put a noose around his neck, yell racist and homophobic slurs, and rough him up in view of a surveillan­ce camera.

Smollett testified that he was the victim of a real hate crime, telling jurors “there was no hoax. ” He called the brothers “liars” and said the $3,500 check he wrote them was for meal and workout plans. His attorneys argued that the brothers attacked the actor because they are homophobic and that they made up the story about the attack being staged but said they wouldn’t testify against Smollett if he paid them each $1 million.

In his closing argument Wednesday, special prosecutor Dan Webb told the jury that Smollett caused Chicago police to spend enormous resources investigat­ing what they believe was a fake crime.

“Besides being against the law, it is just plain wrong to outright denigrate something as serious as a real hate crime and then make sure it involved words and symbols that have such historical significance in our country,” Webb said.

He also accused Smollett of lying to jurors, saying surveillan­ce video from before the alleged attack and that night contradict­s key moments of Smollett’s testimony.

Defense attorney Nenye Uche called the brothers “sophistica­ted liars” who may have been motivated to attack Smollett because of homophobia or because they wanted to be hired to work as his security.

Webb questioned why Smollett didn’t turn over his cellphone to police or give them a DNA sample or access to his medical records to help with the investigat­ion. Smollett testified he doesn’t trust Chicago police, and that he was concerned about his privacy.

“If he was a true victim of a crime he would not be withholdin­g evidence,” Webb said.

Uche called it “nonsense” for Chicago police to ask Smollett for his DNA when he was still considered the victim of a crime. He noted Smollett later provided DNA to the FBI for a separate investigat­ion into hate mail he had received at the “Empire” studio shortly before the alleged attack.

“He wasn’t hiding anything,” Uche said.

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