Jussie Smollett forced to face trial in hate crime hoax after judge denies dismissal request

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COOK COUNTY, IL – Despite his best attempts to not have to answer – in a legal sense – for the alleged 2019 hate crime hoax, actor Jussie Smollett will have to stand trial for the purported ruse after a Cook County judge denied his request to have the case dismissed.

At this point, most everyone is familiar to some degree with the Jussie Smollett controversy, where the actor most known for his former role in “Empire” allegedly perpetrated a hoax claiming to have been the target of a racist attack by men yelling “MAGA country” in downtown Chicago in January of 2019.

Smollett at the time told police he was attacked by two men while he was outside walking to get some food from Subway at 2:00 a.m. when two men uttered racial and homophobic slurs and wrapped a rope around his neck while pouring some sort of unknown substance on him.

Of course, Smollett’s claims fell apart in under a month’s time after he filed the report with Chicago Police, with authorities having shifted the investigation toward Smollett following the arrest and interviewing of two Nigerian brothers.  

By February 20th of 2019, Smollett was considered a suspect in filing a false police report – as he allegedly manufactured the entire attack against him.

In March of 2019, a Cook County grand jury returned a 16-count indictment against Smollett – yet, weeks later within the same month, prosecutors suddenly dropped the charges against Smollett. There was some sort of a deal struck up where the city would keep his $10,000 bail money and he’d perform some level of community service.

This bizarre deal reasonably caught some eyes that wanted to know why the Chicago state’s attorney’s office abruptly dropped the case against Smollett, eventually leading to a judge appointing a special prosecutor in August of 2019 to look into the aforementioned.

By February of 2020, Smollett was hit with a six-count indictment for allegedly lying to police and staging the purported hate crime he claimed to be a victim of.

Since that new indictment, Smollett has been working to get the case swept under the rug, going so far as to assert that since he agreed to allow the city to keep his bail money and perform some community service – then his case should be ripe for dismissal.

The last ditch effort simply didn’t work, with Judge James Linn rebuffing Smollett’s attorney’s claim that “a deal is a deal” on October 15th. Instead, the judge said that jury selection would begin in Smollett’s trial on November 29th.

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Back in June of 2020, we at Law Enforcement Today shared a report noting how Smollett tried to proclaim his new charges were a form of double jeopardy – which clearly that effort didn’t prevail. 

Here’s that previous report. 

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Jussie Smollett: New charges are ‘double jeopardy’. Judge: Nice try, motion denied.

(Originally published June 15th, 2020)

CHICAGO, IL – The saga of Jussie Smollett continues. A Cook County judge had denied the actor’s legal team’s motion claiming a violation of double jeopardy in relation to the charges Smollett is currently facing regarding the alleged hate-crime hoax.

Most are likely well-aware at this point what the Smollett case encircles, in which the “Empire” actor claimed he was attacked by two Caucasian men donning MAGA hats and holding a noose in January 2019.

Flash forward to February of 2019, and police had reason to believe that the actor had perpetrated a hoax and actually hired two Nigerian men to stage the hate-crime.

On February 20th, 2019, police had indicted Smollett under charges related to disorderly conduct and filing a false police report. But, by March of that same year, prosecutors decided to drop the case altogether.

The dropping of the charges proved to be a fairly controversial decision and was rightfully met with criticism. So, in February of 2020, Smollett found himself being indicted once again after a special prosecutor conducted an investigation into the alleged 2019 attack and charged Smollett with six counts of filing a false police report.

In response to these new charges, Smollett attempted to say that the six counts levied were somehow a violation under the double jeopardy clause.

There’s just one glaring issue with the motion to dismiss the case under the double jeopardy clause: Smollett never actually engaged in any officiated legal proceedings in 2019 since the charges were initially dropped.

Cook County Judge James Linn was quite aware of the aforementioned, and said the following with regard to dismissing Smollett’s motion citing the double jeopardy clause:

“There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered … nothing like that ever happened. There was no adjudication of this case.”

Basically, Judge Linn gave Smollett the old “nice try buddy” and thus the case is moving forward against the actor.

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Nigerian brothers accused in staged hate crime set to testify against Smollett: “We want the truth to be told.”

(Originally published February 13th, 2021)

It looks like “Justice for Juicy” is coming down the line, by that we mean Jussie Smollett.

It’s been reported that the Nigerian brothers who allegedly helped Smollett bring to life the hate-crime hoax are prepared to testify against Smollett.

Word spread relatively fast about the actor having charges brought up against him for the alleged stunt he pulled last year.

While producers of the show Empire hinted at possibly bringing Smollett back on the cast, he might just be trading that “Empire” in for a 6×8 “bed and breakfast” if convicted.

Nigerian brothers Abel and Ola Osundairo are frankly tired of being insulted by the legal team behind Smollett’s defense.

Gloria Schmidt Rodriguez, one of the attorney’s representing the Nigerian brothers, noted that they don’t have any grudge against Smollett, they just want the truth to be finally told.

Apparently the two brothers have been getting smeared as liars by Smollett’s legal team throughout the entire debacle that’s been playing out.

Schmidt Rodriguez stated:

“Who is really attacking their character is just the lawyers. It’s not Jussie. It’s his lawyers who painted my clients to be self-serving sycophants to create a ruse to escape liability. It’s so offensive and so hurtful.”

When you understand the levels that Smollett’s legal team stooped to, you’d understand where the brothers’ sentiments of offense come from.

Tina Glandian, Jussie Smollett’s lawyer, actually suggested that Smollett described his attackers as “white” to police because the brothers “might have been wearing white face”.

Glandian then justified this statement by pointing to a 2016 YouTube video where Abel Osundairo dressed up as the Joker from Batman.

 

Nigerian brothers accused in staged hate crime set to testify against Smollett: "We want the truth to be told."
Abel Osundairo with his face painted as the Joker from The Dark Knight- Screenshot from YouTube

At this point, the brothers believe they won’t feel better unless it’s proven that Smollett has been the one lying all along. Schmidt Rodriguez commented on that note:

“They don’t feel vindicated. A real vindication would be when a court of law says, ‘OK Mr Smollett — you were guilty of lying.’ At that point they would.” 

According to the attorney for the two brothers, had they known this was going to blow up the way it did they would have had no part of it:

“If they would have known the fall out, they would have never done this. They would have said, ‘ugh Jussie — thanks for nothing.’” 

From what the Osundairo brothers allege, Smollett paid them $3,500 to stage the attack, with the goal to boost the actor’s career.

Although, we’re curious to know if the brothers or Smollett came up with the line “this is MAGA country” – because that had to be one of the most ridiculous elements of Smollett’s version of events.

Actually, the more radical idea was someone out walking to get Subway sandwiches at 2:00 a.m. in Chicago while the average overnight temperature is 22 degrees in January.

Whatever comes of this case, hopefully the prosecutors don’t drop this one again.

In the meantime, Kim Foxx blames President Trump in the case. You can’t make this stuff up.

Cook County State’s Attorney Kim Foxx responded to news that an special prosecutor issued new charges against “Empire” actor Jussie Smollett, who allegedly faked a hate crime back in January of 2019, by blaming “politics” and the “era of Donald Trump” for her office’s woes.

Say again? 

Kim Foxx took a phone call from Michelle Obama, and after Jussie Smollett set the nation on fire, figuratively and nearly literally with his faked/staged hate crime that blamed two Trump supporters yelling “This is MAGA country!”

Then she mysteriously and rapidly dismissed all his felony charges – after Chicago PD spent hundreds of detective man-hours on the case.

Now she says that not only did Donald Trump cause the original incident, but he somehow caused it to be prosecuted properly now?

This case, if it wasn’t so sad and desperate on the part of Jussie Smollett, would be funny.  Very funny. 

In fact, so funny that comedian Dave Chapelle famously did a long section of his recent stand-up special outlining the case. 

Chapelle explained the ridiculous elements of the case better than anyone had, including the idea that it was 10 degrees below zero, in the middle of a “polar vortex” the night the attack allegedly happened.  Also, two white male Trump supporters wearing red “MAGA” hats were the bad guys in the story – and they called Jussie Smollett out by his character on “Empire.” 

As if two white suburban guys familiar with the show were patrolling the streets of Chicago in the middle of a polar vortex, looking just for this specific young actor so they could pour bleach on him and hang a noose around his neck. 

Dave Chappelle said what everyone else was thinking – the average person in the black community knew it was all an elaborate hoax and lie.

And now embattled state’s attorney Kim Foxx still won’t admit corruption and take responsibility.  She’s doubled-down and blamed the president and “politics.” 

No, ma’am, it was “politics” that got his charges dismissed.

More recently, a special prosecutor was installed and has taken a second look at the case.

Special Prosecutor Dan Webb concluded his investigation and issued the indictment against Smollett late Tuesday, charging the actor with six “low-level felonies”.

This, according to the Chicago Sun-Times, after investigators, rehashing the evidence against Smollett, determined that he likely faked being the victim of a racist, homophobic attack early in the morning of January 19, outside of his apartment in Chicago’s tony Streeterville neighborhood.

Webb’s harshest words, though, weren’t for Smollett, but for Foxx’s office, which he feels gave Smollett special treatment despite the wealth of evidence linking Smollett to a series of crimes.

The Cook County State’s Attorney allowed Smollett to walk free without standing trial, inking an unofficial “plea deal” with the actor that absolved him of the charges in return for sixteen hours of community service and $10,000, which Smollett had already submitted to the city as part of his bond.

The States Attorney’s office claimed the “deal” did not exonerate Smollett, but the actor treated it as evidence of his innocence.

But instead of taking responsibility for the mishap, Foxx lashed out at the prosecutor, accusing him of “James Comey-like” tactics, and suggesting that the new indictment was the responsibility of her political rivals.

“The Cook County State’s Attorney’s office charged Jussie Smollett with multiple counts, and today the Special Prosecutor did the same,” Foxx’s spokeswoman claimed in a statement.

She continued:

“What’s questionable here is the James Comey-like timing of that charging decision, just 35 days before an election, which can only be interpreted as the further politicization of the justice system, something voters in the era of Donald Trump should consider offensive,” Foxx said. 

Her comments were referencing Comey’s eleventh hour decision to resuscitate an investigation into Hillary Clinton and her mishandling of classified information.

Foxx has made her opposition to Trump a hallmark of her re-election campaign, airing commercials touting her success in “standing up” to the administration on the issue of immigration. But Webb pointed out in his report, her troubles go far beyond a difficult campaign to keep her office.

“In his letter, Webb said his investigators said the state’s attorney’s office was unable to show ‘documentary evidence’ that Smollett’s case was handled like similar low-level felony cases involving non-celebrity defendants, despite public statements from the office that the case was typical,” according to the Sun-Times.

“Webb found that the case against Smollett was strong, and that the state’s attorney’s office provided no documentation that the evidence against Smollett had somehow eroded between his arrest and when the charges were dropped.”

And it’s possible Webb isn’t done with Foxx. According to the special prosecutor’s report, his team hasn’t finished investigating what, exactly, happened with Smollett’s case, and they have reached “no conclusions” on whether there was further wrongdoing on the part of Foxx’s office.

Last year, in a series of FOIA results obtained by various Chicago news outlets, Foxx herself was shown discussing the Smollett’s case over text with a former aide to President Barack Obama, who was communicating with and on behalf of members of Smollett’s family, and that communication could come into play when the special prosecutor’s full report is released.

Smollett, meanwhile, will have to appear in court in Chicago on February 24th. He’s also due to make an appearance, soon, in a separate case related to his alleged hoax hate crime: the city of Chicago is suing Smollett to recover around $130,000 the Chicago Police Department paid out in overtime investigating Smollett’s case.

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