advertisement

Man testifies Smollett recruited him, brother to fake attack

CHICAGO (AP) - An aspiring actor testified Wednesday that Jussie Smollett recruited him and his brother to stage a homophobic and racist attack on him in downtown Chicago nearly three years ago, saying the former 'œEmpire'ť star even instructed them on how to throw fake punches.

Abimbola Osundairo said Smollett detailed how Osundairo and his brother should carry out the Jan. 29, 2019, hoax. Smollett planned a 'œdry run" and gave him a $100 bill to buy supplies, Osundairo testified.

Osundairo told jurors Smollett instructed him to punch Smollett but 'œnot too hard.'ť Once Smollett was on the ground, Osundairo said Smollett said he should give Smollett 'œa bruise'ť and 'œgive him a noogie'ť - or rub his knuckles hard on Smollett's head.

Osundairo, who worked as a stand-in on 'œEmpire,'ť said he and his brother agreed because he felt indebted to Smollett for helping him with his acting career.

Smollett, 39, is charged with six counts of felony disorderly conduct for making what prosecutors say was a false police report - one count for each time he gave a report, to three different officers. 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 ordered to perform community service.

Osundairo testified that he and his brother had difficulty identifying a good spot for the staged attack, walking around in the early morning of that Jan. 29 in weather that Osundairo described as 'œcolder than penguin feet.'ť

According to Osundario, when the brothers spotted Smollett at around 2 a.m., Osundairo - as instructed earlier by Smollett - shouted a homophobic slur and his brother yelled, 'œthis is MAGA country.'ť 'œMAGA'ť was an apparent reference to then-President Donald Trump's slogan 'œMake America Great Again.'ť

After punching Smollett in the face and throwing the actor to the ground, they put a noose around his neck and threw bleach on him, then ran away, Osundairo told jurors.

The next morning, as news broke of a hate crime against Smollett, Osundairo said he texted a note of condolence to Smollett, also as instructed. It read: 'œBruh, say it ain't true. I'm praying for speedy recovery.'ť

Osundairo testified that Smollett gave him a check for $3,500 and wrote on it that it was for a nutrition and workout program. But Osundairo said the money was both for the program and for helping to stage the attack.

A defense attorney told jurors during openings that Smollett was a 'œreal victim'ť and that the brothers' accounts are unreliable.

Earlier Wednesday, Osundairo testified that a few days before the attack, Smollett showed him some hate mail he said he received at the TV studio. Jurors viewed the note, which included a drawing of a person hanging by a noose, with a gun pointed at the stick figure.

A few days later, he said, Smollett sent him a text message asking to meet up 'œon the low,'ť which he took to mean a private meeting about something secret. Osundairo said it was at that meeting that Smollett first asked him 'œto beat him up'ť and asked if his brother could help.

'œI was confused, I look puzzled'ť as Smollett 'œexplained he wanted me to fake beat him up,'ť Osundairo told jurors.

Osundairo said that prior to the staged attack, Smollett drove the brothers to the spot where it would occur, and they decided the men should throw bleach on Smollett rather than the original plan to use gasoline. He also said Smollett said a camera in the area would record the attack. Smollett said he wanted to use the recording for media purposes, Osundairo testified.

Also Wednesday, Chicago police detective Kimberly Murray, who interviewed Smollett the morning of the attack, said he told her he had received a threatening phone call days earlier, but he refused to hand over his cellphone, which the detective said could help police piece together a timeline. She said Smollett also wouldn't consent to giving medical records or a DNA swab.

Murray also said Smollett told her he had been assaulted by two men - one white and wearing a ski mask, the other he couldn't see - as he was returning home after buying a sandwich.

A Chicago police officer testified Tuesday that investigators tracked down the Osundairo brothers, who are Black, using surveillance video and taxi and ride-share records. When taken into custody, the siblings detailed for police how Smollett orchestrated the fake attack.

A detective who interviewed Smollett after the brothers had been arrested said Smollett then started to change his story. Smollett told detective Robert Graves that attacker had 'œpale skin,'ť when he previously said the attacker was white.

Graves also told Smollett that the brothers were in custody for the hate crime.

'œHe said, '~It can't be them, they're black as sin,''ť Graves recounted, saying he took that to mean the brothers' skin is very dark.

Graves testified that during the Feb. 14 interview, Smollett said he would sign a complaint against the brothers, though his attorney stopped him. About 90 minutes later, Smollett sent one of the brothers a text message, Graves said.

"I know 1000% you and your brother did nothing wrong and never would,'ť the text read.

Graves said he concluded Smollett had lied to him.

Defense attorney Nenye Uche has said the brothers attacked Smollett, who is Black and gay, 'œbecause of who he is'ť and has suggested that the brothers were homophobic.

___

Check out the AP's complete coverage of the Jussie Smollett case. ___

Associated Press writer Michael Tarm contributed to this report.

Actor Jussie Smollett arrives at the Leighton Criminal Courthouse for day three of his trial in Chicago on Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Abimbola "Able" Osundairo, walks through the lobby of the Leighton Criminal Courthouse courtroom during a lunch break in the trial of actor Jussie Smollett Wednesday, Dec. 1, 2021, in Chicago. Osundairo is expected to testify in the trial of Smollett who is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago, in Chicago. (AP Photo/Charles Rex Arbogast) The Associated Press
Abimbola "Able" Osundairo, and and his attorney Gloria Schmidt Rodriguez head to a courtroom at the Leighton Criminal Courthouse in Chicago, where Osundairo is expected to testify in the trial of actor Jussie Smollett, Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Actor Jussie Smollett, center, arrives with his mother Janet, left, and other family members at the Leighton Criminal Courthouse for day three of his trial in Chicago on Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Actor Jussie Smollett, left, arrives with his mother Janet, center, and other family members at the Leighton Criminal Courthouse for day three of his trial in Chicago on Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Actor Jussie Smollett asks photographers to move back as he arrives with his mother Janet, right, at the Leighton Criminal Courthouse for day three of his trial in Chicago on Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Actor Jussie Smollett, left, arrives with his mother Janet, center, with the aid of a bodyguard at the Leighton Criminal Courthouse for day three of his trial in Chicago on Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Special prosecutor Dan Webb arrives at the Leighton Criminal Courthouse for day three of the Jussie Smollett trial in Chicago on Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Abimbola "Able" Osundairo, walks through the lobby of the Leighton Criminal Courthouse courtroom during a lunch break in the trial of actor Jussie Smollett Wednesday, Dec. 1, 2021, in Chicago. Osundairo is expected to testify in the trial of Smollett who is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago, in Chicago. (AP Photo/Charles Rex Arbogast) The Associated Press
Abimbola "Able" Osundairo heads to a courtroom at the Leighton Criminal Courthouse in Chicago, where he is expected to testify in the trial of actor Jussie Smollett, Wednesday, Dec. 1, 2021. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Abimbola "Able" Osundairo, and and his attorney Gloria Schmidt Rodriguez walk through the lobby of the Leighton Criminal Courthouse courtroom during a lunch break in the trial of actor Jussie Smollett Wednesday, Dec. 1, 2021, in Chicago. Osundairo is expected to testify in the trial of Smollett who is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago, in Chicago. (AP Photo/Charles Rex Arbogast) The Associated Press
Abimbola Osundairo, walks through the lobby of the Leighton Criminal Courthouse courtroom after a lunch break in the trial of actor Jussie Smollett Wednesday, Dec. 1, 2021, in Chicago. Osundairo is expected to testify in the trial of Smollett who is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago, in Chicago. (AP Photo/Charles Rex Arbogast) The Associated Press
Actor Jussie Smollett's defense attorney Nenye Uche reacts to reporters Wednesday, Dec. 1, 2021, in the lobby of the Leighton Criminal Courthouse during a lunch break on day three of his client's trial in Chicago. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Actor Jussie Smollett's defense attorney Nenye Uche heads back to the courtroom Wednesday, Dec. 1, 2021, at the Leighton Criminal Courthouse during a lunch break on day three of his client's trial in Chicago. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago. (AP Photo/Charles Rex Arbogast) The Associated Press
Article Comments
Guidelines: Keep it civil and on topic; no profanity, vulgarity, slurs or personal attacks. People who harass others or joke about tragedies will be blocked. If a comment violates these standards or our terms of service, click the "flag" link in the lower-right corner of the comment box. To find our more, read our FAQ.