Actor Jussie Smollett due for arraignment in Chicago on hoax charges

By Brendan O’Brien

CHICAGO (Reuters) – Former “Empire” actor Jussie Smollett was due in court on Monday for arraignment on renewed felony charges that he made false reports to Chicago police about being attacked in a hate crime he is accused of staging in a bid to advance his career.

Smollett was indicted on Feb. 11 on six counts of disorderly conduct, capping a five-month investigation by a court-appointed special prosecutor who overruled a decision by the state’s attorney’s office last year to dismiss the original case. His arraignment is scheduled for 9 a.m. (1400 GMT) in Cook County Circuit Court in Chicago.

The 37-year-old actor, who is black and openly gay, has insisted he told the truth in his account of being accosted on a darkened street in January 2019 by two masked strangers.

According to Smollett, his two assailants threw a noose around his neck and poured chemicals on him while yelling racist and homophobic slurs and expressions of support for President Donald Trump.

Police arrested Smollett a month later, accusing the actor of paying two brothers $3,500 to stage the attack in a hoax aimed at gaining public sympathy and raising his show-business profile.

He was subsequently charged in a 16-count indictment, but the Cook County state’s attorney’s office dropped the charges three weeks later in exchange for Smollett forfeiting his bail without admitting wrongdoing.

The dismissal drew an outcry from then-Mayor Rahm Emanuel and the city’s police superintendent, who branded the reversal a miscarriage of justice, leading a Cook County judge to appoint former U.S. Attorney Dan Webb to review the case.

Webb said he determined that further prosecution of Smollett was warranted, calling into question prosecutors’ judgment in dropping the original case but finding no wrongdoing on their part. Webb said he was continuing his investigation, however, of whether authorities acted improperly in last year’s dismissal.

Smollett’s lawyer, Tina Glandian, has said authorities made the right decision in dropping the charges in the first place, and suggested the special prosecutor’s probe was biased in its use of the same police detectives involved in the original case.

Smollett, who has lost his role as a singer-songwriter in “Empire,” a Fox television hip-hop drama, sued the city of Chicago in November, accusing municipal officials of maliciously prosecuting him.

The city sued Smollett last April seeking to recover the costs incurred in investigating his hate-crime report.

(Reporting by Brendan O’Brien; Writing by Steve Gorman in Culver City, Calif.; Editing by Peter Cooney)

Chicago mayor demands answers after Smollett hoax charges dropped

FILE PHOTO: Chicago Mayor Rahm Emanuel speaks during an interview at City Hall in Chicago, Illinois, U.S. June 14, 2017. REUTERS/Joshua Lott/File Photo

(Reuters) – Chicago Mayor Rahm Emanuel said on Wednesday he wanted to “find out what happened” to cause prosecutors to abruptly drop charges against “Empire” actor Jussie Smollett, who was accused of staging a hoax hate crime to boost his career.

The saga began in January when the actor, who is black and gay, said two men had attacked him on a Chicago street, putting a noose around his neck and shouting racist and homophobic slurs.

Prosecutors on Feb. 21 accused him of paying two brothers, Abimbola and Olabinjo Osundairo, $3,500 to carry out an attack they called a hoax to advance his career but abruptly dropped the charges on Tuesday.

“Let’s get to the bottom of this,” Emanuel said in an ABC News interview. “Let’s find out what happened.”

Emanuel said Smollett had “abused” the city of Chicago, a day after the actor walked out of court saying he had been vindicated in insisting he had not staged a racist assault against him in January.

Smollett, who plays a gay musician on Fox’s hip-hop TV drama “Empire,” had been charged with 16 felony counts of disorderly conduct alleging he gave false accounts of an attack on him to police investigators.

On Tuesday, the Cook County State’s Attorney’s office said it stood by its accusation against Smollett but was dropping all the charges, saying the actor’s prior community service and his agreeing to forfeit his $10,000 bond was a just outcome.

“The state’s attorney’s office is saying he’s not exonerated, he actually did commit this hoax,” Emanuel said in the ABC interview. “He’s saying he’s innocent and his words are true. They better get their stories straight, because this is making fools of all us.”

Chicago’s chief prosecutor, Cook County State’s Attorney Kim Foxx, defended her office’s decision in an interview with WBEZ on Wednesday as proportionate to the charges.

Foxx had recused herself from the case prior to Smollett’s being charged because of conversations she had about the incident with one of Smollett’s relatives, according to her spokesman.

“There’s some people who were never gonna be satisfied unless Mr. Smollett spent many nights in prison, and then there were others who believed that the charging of 16 counts of disorderly conduct was excessive,” she said in the interview. She said the charges Smollett faced were unlikely to have led to a prison sentence if he had been convicted.

“What I can tell you is that most people who come through the criminal justice system don’t give up $10,000 of their hard-earned money, or engage in volunteer services connected with an alleged offense, without viewing that as a way of being held accountable,” she said.

Smollett initially earned widespread sympathy from celebrities and some Democratic presidential candidates over his account of the alleged assault.

The Chicago Police Department released what it said were all its records from the case on Wednesday, totaling 61 pages, with some names and other personal details redacted.

The records conformed with the information included in court filings, including summaries of interviews with the Osundairo brothers who said Smollett gave them a $3,500 check and $100 in cash to buy the rope, ski masks, gloves and red baseball caps used in the attack.

On Tuesday, Chicago Police Superintendent Eddie Johnson also criticized the prosecutor’s decision, saying it did not serve justice.

Smollett had pleaded not guilty to the charges, and told reporters on Tuesday he had been “truthful and consistent” in maintaining his innocence.

His lawyers said he hopes to move on with his acting career, but it remains unclear whether he will return to “Empire” after being written out of the last two episodes of the most recent season.

(Reporting by Jonathan Allen in New York; Editing by Bill Berkrot and Richard Chang)

Police say actor Smollett staged Chicago attack to advance career

Chicago Police Superintendent Eddie Johnson speaks about the Jussie Smollett case at a news conference at Chicago Police headquarters in Chicago, Illinois, U.S., February 21, 2019. REUTERS/Joshua Lott

By Karen Pierog

CHICAGO (Reuters) – Actor Jussie Smollett paid two brothers thousands of dollars to beat him in a staged racist and homophobic attack because he was dissatisfied with his salary on the hip-hop TV drama “Empire,” Chicago’s police chief said on Thursday.

Actor Jussie Smollett, 36, appears in a booking photo provided by the Chicago Police Department in Chicago, Illinois, U.S., February 21, 2019. Courtesy Chicago Police Department/Handout via REUTERS

Actor Jussie Smollett, 36, appears in a booking photo provided by the Chicago Police Department in Chicago, Illinois, U.S., February 21, 2019. Courtesy Chicago Police Department/Handout via REUTERS

Smollett, who is black and openly gay, was arrested on Thursday and charged with lying to police in connection with the alleged attack on Jan. 29. Chicago Police Superintendent Eddie Johnson on Thursday was visibly angered as he condemned his actions.

Police did not spell out how Smollett hoped to boost his salary by staging a supposed racist, homophobic attack by supporters of President Donald Trump. “Smollett took advantage of the pain and anger of racism to promote his career,” Johnson told a news conference, adding that the actor paid $3,500 to the brothers to stage the supposed hate crime.

“This stunt was orchestrated by Smollett because he was dissatisfied with this salary. He concocted a story about being attacked,” Johnson said. “We gave him the benefit of the doubt.”

Police did not say anything about the amount of Smollett’s salary. If convicted, the 36-year-old actor could face a prison sentence of one to three years.

Smollett had claimed that two apparent Trump supporters had struck him and put a noose around his neck. It was initially reported that an unknown substance was poured over him, but Johnson on Thursday said that was unclear.

“@JussieSmollett – what about MAGA and the tens of millions of people you insulted with your racist and dangerous comments!? #MAGA,” Trump wrote on Twitter on Thursday.

20th Century Fox Television, which airs “Empire,” said in a statement on Thursday: “We understand the seriousness of this matter and we respect the legal process. We are evaluating the situation and we are considering our options.”

The Cook County State’s Attorney’s Office approved felony criminal charges against Smollett for disorderly conduct and filing a false police report, police said on Wednesday. He has a bond hearing scheduled for later on Thursday.

A spokesman for the lawyers, Todd Pugh and Victor Henderson, said on Thursday in an email, “once we are ready to make statement we will do so.”

In a Wednesday statement, Smollett’s lawyers said they were conducting a thorough investigation to form an aggressive defense.

During the investigation, police interviewed more than 100 people, reviewed video from more than 55 police and private-sector surveillance cameras and executed more than 50 search warrants to determine their findings.

On Feb. 13, police arrested the two brothers who were recognized from surveillance footage of the area where Smollett said the attack occurred. One of the brothers worked with Smollett on “Empire,” according to police and their lawyer.

Near the end of the 48 hours in which police are allowed to detain potential suspects without charging them, the brothers “decided to confess to the entirety of what the plot was,” Johnson said. They became cooperating witnesses and were released two days later without charges.

Since the alleged attack, Smollett had received support on social media, including from several celebrities and Democratic presidential candidates. But others were skeptical of the incident, which Smollett said occurred around 2 a.m. on a Chicago street during one of the city’s coldest weeks in recent history.

In an interview with “Good Morning America” last week, Smollett said he was angry that some people questioned his story, and he suggested the disbelief might come from racial bias.

Johnson called for Smollett to apologize to the city.

“How can an individual who has been embraced by the city of Chicago turn around and slap everyone in this city in the face by making these false claims?” the police superintendent said.

(Reporting by Karen Pierog in Chicago and Gina Cherelus in New York; Additional reporting by Brendan O’Brien in Milwaukee, Wis.; and by Gabriella Borter and Peter Szekely in New York; Editing by Chizu Nomiyama and Matthew Lewis)