State rests case at Smollett trial after star witnesses

By DON BABWIN and SARA BURNETT

CHICAGO (AP) — The authorities rested its lawsuit astatine Jussie Smollett’s proceedings Thursday aft cardinal grounds from 2 brothers who said the erstwhile “Empire” histrion plotted a racist and anti-gay onslaught connected himself successful downtown Chicago and paid them to transportation it out.

After a three-day presumption of evidence, peculiar authoritative Dan Webb told the presiding justice Thursday evening that the prosecution was finished. The defence began its lawsuit immediately, calling Brandon Moore, Smollett’s euphony manager astatine the time.

Earlier successful the day, Smollett’s lawyer worked to discredit the brothers’ accounts, suggesting they attacked Smollett due to the fact that they didn’t similar him, and tried to get him to wage them each $1 cardinal not to attest that helium staged the assault.

Defense lawyer Shay Allen suggested the brothers were motivated to impeach Smollett of staging the hoax due to the fact that they disliked the performer — who is cheery and Black — and past saw an accidental to marque money.

Olabingo Osundairo’s grounds echoed the relationship his brother, Abimbola Osundairo, gave connected the witnesser basal a time earlier, including that Smollett wanted the brothers to douse him with gasoline and enactment a noose astir his neck, and that Smollett gave them a $100 measure to bargain the supplies and paid them with a $3,500 check.

Olabingo Osundairo said Smollett told him helium received hatred message astatine the TV workplace successful Chicago “and helium had this brainsick thought of having 2 MAGA supporters onslaught him,” an evident notation to then-President Donald Trump’s slogan “Make America Great Again.” Osundairo believed the program was to publicize the onslaught connected societal media, not to impact police, helium said.

They opted to determination bleach connected Smollett, Osundairo said, due to the fact that helium wasn’t comfy utilizing gasoline. He said Smollett wanted his member to bash the punching, and that it should look similar helium fought back.

Osundairo besides addressed the defence contention that the brothers were driven by homophobia. He testified that helium has thing against gays and the assemblage was shown a photograph of the siblings taking portion successful Chicago’s 2015 cheery pridefulness parade dressed arsenic trojan warriors.

Smollett, 39, is charged with six counts of felony disorderly behaviour for making what prosecutors accidental was a mendacious constabulary study astir the alleged onslaught connected Jan. 29, 2019 — 1 number for each clip helium gave a study — to 3 antithetic officers. The people 4 felony carries a situation condemnation of up to 3 years, but experts person said if Smollett is convicted helium apt would beryllium placed connected probation and ordered to execute assemblage service.

Olabingo Osundairo besides denied a achromatic idiosyncratic was involved, oregon that helium and his member adjacent wore masks oregon constitution to marque it look they were white. In statements that were wide ridiculed due to the fact that the brothers are Black, Smollett had said helium saw airy oregon achromatic tegument astir the eyes of 1 of his masked attackers.

During transverse examination, Allen asked Abimbola Osundairo, who worked arsenic a stand-in connected the Chicago acceptable of “Empire,” if helium tried to get a $5,000-per-week occupation arsenic Smollett’s information and if aft helium was questioned by constabulary and released helium told Smollett helium and his member wouldn’t attest astatine his proceedings if they were each paid $1 million. Osundairo responded “No sir” to both.

In follow-up questioning by Webb, Osundairo said helium ne'er thought Smollett would spell to the constabulary to study the fake onslaught arsenic a existent hatred crime. He said Smollett told him that helium wanted to usage it to make media attention, and that helium has ne'er lied to Chicago police.

Olabingo Osundairo told jurors helium talked to constabulary without a committedness of immunity oregon nether immoderate benignant of favorable deal. He added: “It was simply conscionable to get the information retired of what happened that night.”

Smollett’s ineligible squad needs to formed uncertainty connected the brothers’ damaging testimony, but it isn’t easy. Abimbola Osundairo stuck with his communicative during cross-examination, portion besides denying helium had a intersexual narration with Smollett oregon that helium asked the histrion to prosecute him. And overmuch of what the Osundairos person told jurors astir that nighttime appears to beryllium corroborated by video and different evidence.

Smollett’s ineligible squad asked Olabingo Osundairo astir a erstwhile felony conviction, which helium testified was successful 2012, for aggravated battery. As a convicted felon helium cannot legally person a firearm, but constabulary recovered respective guns erstwhile they searched their location aft the alleged attack. Both brothers said the guns belonged to Abimbola Osundairo.

The defence said the brothers lied astir Smollett staging the onslaught to get retired of occupation for possessing the firearms and heroin that was besides recovered successful the home.

Abimbola Osundairo, an aspiring actor, said helium and his member agreed to their roles successful the fake onslaught due to the fact that helium felt indebted to Smollett for helping him with his acting career.

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Check retired the AP’s implicit sum of the Jussie Smollett case. ___

Associated Press writer Michael Tarm contributed to this report.