The Mercury News

Jussie Smollett testifies: ‘There was no hoax’

- By Don Babwin and Sara Burnett

Former “Empire” actor Jussie Smollett denied Monday that he staged an anti-gay, racist attack on himself in downtown Chicago, testifying at his trial that “there was no hoax.”

Smollett took the stand at his trial on charges he lied to Chicago police about the attack in an attempt to refute damaging testimony from two brothers last week. They said Smollett, who is gay and Black, orchestrat­ed the January 2019 hoax to get publicity, giving them $100 for supplies and instructin­g them to place a noose around his neck and yell homophobic slurs. They also said Smollett gave them a $3,500 check to carry it out.

But Smollett said he wrote the $3,500 check for nutrition and training advice from one of the brothers, Abimbola Osundairo, while he was going to be out of town, not as payment for Osundairo and his brother to carry out the attack. Asked by his defense attorney if he gave Osundairo payment for some kind of hoax, Smollett replied: “Never.” He also said “absolutely not” when asked if he gave Osundairo and his brother $100 to pay for supplies for the hoax.

Smollett also testified that Osundairo told him about an herbal steroid that encourages weight loss but is illegal in the U.S. He said Osundairo told the actor he could get him some “on the low” — or secretly — while he was on an upcoming trip to Nigeria.

Osundairo testified that Smollett sent him a text message — which the jury saw last week — about talking “on the low,” and that during the conversati­on Smollett asked him about helping to stage the attack. Smollett said Monday that message was in reference to the illegal steroid, and he used language Osundairo had used previously.

Defense attorneys have suggested the brothers, who are Black, were motivated to accuse Smollett of staging the hoax because they disliked him and then saw an opportunit­y to make money. They suggested that after the brothers, Abimbola and Olabingo Osundairo, were questioned by police about the alleged attack, they asked Smollett for $1 million each to not testify against him at trial.

Smollett’s lawyers also have argued that Chicago police rushed to judgment when they brought charges against Smollett, and suggested a third person may have been involved in the attack.

Prosecutor­s say Smollett staged the attack because he was unhappy with the “Empire” studio’s response to hate mail he received. The letter including a drawing of a stick figure hanging by a noose, with a gun pointed at it, and the word “MAGA” — an apparent reference to then-President Donald Trump’s slogan, “Make America Great Again.” The Osundairo brothers testified that Smollett told them to yell “this is MAGA country” during the fake assault.

Brett Mahoney, who produced “Empire” in Chicago, testified earlier Monday that Smollett called him after the hate mail was sent to the set.

“We were obviously all very upset about the letter,” Mahoney said, adding that law enforcemen­t was contacted and the letter turned over to authoritie­s.

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