By DON BABWIN and SARA BURNETT
CHICAGO (AP) — Former “Empire” actor Jussie Smollett denied Monday that he staged an anti-gay, racist assault on himself, testifying at his trial that “there was no hoax” and that he was the sufferer of a hate crime in his downtown Chicago neighborhood.
Smollett, who faces expenses that he lied to Chicago police in regards to the January 2019 assault, sought to refute damaging testimony from two brothers final week. They stated Smollett, who’s homosexual and Black, orchestrated the hoax to get publicity, giving them $100 for provides and instructing them to put a noose round his neck and yell homophobic slurs. In addition they stated Smollett gave them a $3,500 test to hold it out.
Smollett appeared calm all through a number of hours of testimony, saying he wrote the $3,500 test to Abimbola Osundairo for diet and coaching recommendation. Requested by his protection lawyer if he gave Osundairo cost for some form of hoax, Smollett replied: “By no means.”
Lawyer Nenye Uche requested once more if he deliberate a hoax.
“No,” Smollett stated, “there was no hoax.”
He additionally stated “completely not” when requested if he gave Osundairo and his brother $100 to pay for provides for the faux assault.
Smollett informed jurors he had simply returned from a visit and was strolling residence after shopping for a sandwich round 2 a.m. on Jan. 29, 2019, when somebody yelled a racist, homophobic comment. Smollett stated he rotated to confront the individual, who he stated towered over him.
Standing up within the Chicago courtroom, Smollett demonstrated how he stated the person walked shortly towards him, then pointed to his left temple to indicate the place the person hit him.
“I want to suppose I landed a punch. However I don’t know if it landed,” Smollett stated. He stated he slipped and so they tussled on the bottom for as much as 30 seconds. Smollett stated he noticed a second individual — who he believes kicked him on his aspect — as that individual ran away.
Smollett stated he assumed the one that attacked him was white as a result of he used a racial slur and shouted “MAGA nation,” an obvious reference to then-President Donald Trump’s marketing campaign slogan, “Make America Nice Once more.” The brothers, Abimbola and Olabingo Osundairo, who’re Black, testified final week that Smollett instructed them to yell “that is MAGA nation” through the faux assault.
Smollett stated he picked up his telephone and informed the individual he had been speaking to that he “obtained jumped.” He testified that he observed he had a noose round his neck as he returned to his condominium. Smollett stated he eliminated the noose however a good friend who was at his condominium referred to as police and informed him to place the noose again on so officers might see it. Smollett stated he was upset police had been referred to as as a result of he would by no means have accomplished so.
“I’m a Black man in America. I don’t belief the police,” Smollett stated. “I’m additionally a well-known determine at the moment and I’m an brazenly homosexual man.”
Smollett stated after information broke that everybody — together with Trump — had an opinion about what occurred, and that he hated the eye.
“I’ve misplaced my livelihood,” he added.
Beneath cross-examination, Smollett stated he refused to offer Chicago police his cellphone for his or her investigation as a result of he needed his privateness. Requested by particular prosecutor Dan Webb if he was involved the telephone would present a number of calls to Abimbola Osundairo, Smollett stated no.
Smollett additionally testified that Osundairo informed him he might get an natural steroid that encourages weight reduction however is unlawful within the U.S.“ on the low” — or secretly — whereas he was on an upcoming journey to Nigeria.
Osundairo testified that Smollett despatched him a textual content message about speaking “on the low,” and that through the dialog Smollett requested him about serving to to stage the assault. Smollett stated Monday that message was in reference to the unlawful steroid.
When Webb requested about Osundairo’s testimony that Smollett recruited him for a hoax, Smollett replied: “Absolutely false, 100% false.”
Protection attorneys have recommended that the Osundairo brothers accused Smollett of staging the hoax as a result of they disliked him after which noticed a chance to generate profits. They recommended that after the brothers had been questioned by police in regards to the alleged assault, they requested Smollett for $1 million every to not testify towards him at trial.
Smollett’s legal professionals even have argued that Chicago police rushed to judgment after they introduced expenses towards Smollett.
Smollett stated he met Abimbola Osundairo in 2017 at a membership, the place he discovered Osundairo additionally labored on the “Empire” set. He stated the 2 males did medication collectively and went to a bathhouse, the place Smollett stated they “made out.” He stated the 2 males later did extra medication and took part in intercourse acts collectively. Osundairo testified final week that he and Smollett didn’t have a sexual relationship.
Smollett testified that he met Abimbola’s brother, Olabingo, however that they didn’t converse. He stated Abimbola Osundairo made it appear to be they wanted to “sneak off” after they had been collectively round his brother. Smollett stated he by no means trusted Olabingo Osundairo.
Prosecutors say Smollett staged the assault as a result of he was sad with the “Empire” studio’s response to hate mail he obtained. The letter included a drawing of a stick determine hanging by a noose, with a gun pointed at it, and the phrase “MAGA.”
Brett Mahoney, who produced “Empire” in Chicago, testified Monday that legislation enforcement was contacted and the letter turned over to authorities. He stated Smollett agreed to added on-set safety, however didn’t need anybody following him residence as a result of it was too intrusive.
Smollett testified that he thought the studio was doing or suggesting an excessive amount of safety, reminiscent of wanting somebody to drive him to and from the set. He stated Abimbola Osundairo joked about changing into his safety, however that he didn’t take it significantly.
Additionally Monday, safety guard Anthony Moore stated that across the time of the alleged assault, he noticed an individual on the bottom on the finish of the block and two males working, one in every of whom was white. Moore stated he informed police what he noticed, however when he was later questioned by the particular prosecutor he felt pressured to vary his story. Moore testified that he signed an announcement that stated the individual was “probably” a Black man, however that he felt “stress and threatened to place one thing on the market that I didn’t see.”
Beneath cross-examination, Moore stated he solely noticed the person for one to 2 seconds. He additionally stated he thought the boys had been playing around, and that the 2 males had been laughing as they ran by him.
Smollett, 39, is charged with six counts of felony disorderly conduct for making what prosecutors say was a false police report in regards to the alleged assault — one depend for every time he gave a report — to a few totally different officers. The category 4 felony carries a jail sentence of as much as three years, however consultants have stated if Smollett is convicted he doubtless could be positioned on probation and ordered to carry out neighborhood service.
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Try the AP’s full protection of the Jussie Smollett case.