Jussie Smollett denies staging hate crime 'hoax'
Criminal defense attorney Robert Bianchi joined 'Fox & Friends First' to discuss the case, arguing there were many contradictions in his testimony.
Over the past two days of intense court testimony, Jussie Smollett endured questions from his defense team and prosecutors.
The former "Empire" actor stated in no uncertain terms that he did not orchestrate the alleged hate crime attack against himself, calling the allegations "100% false" despite what brothers Abimbola and Olabingo Osundairo previously testified.
From Smollett admitting to doing drugs with Bola Osundairo to engaging in a spat with prosecutor Dan Webb over his use of the N-word, here's a look at Smollett's explosive two-day testimony:
Smollett testifies that he did drugs, 'made out' with Osundairo sibling
Smollett started his time on the stand on Monday by countermanding some of what Bola Osundairo previously testified, explaining that the first night they met they did drugs together and then Bola took him to a gay bath house where they "made out."
In this courtroom sketch, special prosecutor Dan Webb, left, cross examines actor Jussie Smollett as Cook County Judge James Linn and members of Webb's team listen Tuesday, Dec. 7, 2021, in Chicago. (AP Photo/Cheryl Cook)
His account of events ran contrary to what Bola previously testified, which was that he is not gay and their relationship was not sexual in nature.
JUSSIE SMOLLETT TESTIFIES THAT HE DID DRUGS, 'MADE OUT' WITH OSUNDAIRO SIBLING: LIVE UPDATES
Smollett admitted to doing drugs with the brothers, nothing that he frequently had weed on him but would often pay Bola around $200 for cocaine. Bola previously stated that he did not sell drugs to Smollett but merely acquired them for him.
The Osundairo brothers testified that Smollett told them to yell "this is MAGA country" during the fake assault – a phrase which Smollett’s former music manager, Brandon Z. Moore, testified overhearing while on the phone with the actor during the alleged attack when he was questioned the week before by the Smollett defense team.
Over the past two days of intense court testimony, Jussie Smollett endured questions from his defense team and prosecutors. (AP Photo/Charles Rex Arbogast)
Moore added that Smollett then told him over the phone, "I just got jumped."
Regardless of the brothers' recollection of their relationship with Smollett, the actor has maintained his innocence and argued in court that his association with the Osundario brothers only began after "Empire" creator Lee Daniels allegedly told Smollett he was overweight and Smollett further said he intended to use the Osundario brothers’ training regimen to lose weight for a music video, according to Fox News' Matt Finn.
Smollett testifies to having correspondence with CNN's Don Lemon during CPD investigation
The day's testimony also saw Smollett recall under oath to receiving a text message from CNN’s Don Lemon — supposedly relaying information that the Chicago Police Department didn’t believe his account of what occurred.
CNN'S DON LEMON AVOIDS MENTIONING COURT TESTIMONY THAT HE TIPPED JUSSIE SMOLLETT OFF ABOUT POLICE
Webb began his cross-examination of the star on Monday before court ended for the evening close to 7:00 p.m. ET.
In this courtroom sketch, special prosecutor Dan Webb, left, cross examines actor Jussie Smollett Tuesday, Dec. 7, 2021, in Chicago. (AP Photo/Cheryl Cook)
Smollett likens alleged hoax attack to a 'Looney Tunes' type of chaos
In that time, Smollett likened the alleged hoax ordeal to a "Looney Tunes" type of chaos when he was attacked.
Asked why he didn’t initially realize a noose was around his neck during the attack, Smollett said, "Because I was getting my a-- whooped."
When asked why he did not call the police after the incident, Smollett said on the stand, "I’m a black man in America and I do not trust police."
Webb also asked Smollett why he refused to provide a DNA sample or phone records to the police. The actor cited privacy concerns, but the prosecution has been trying to make the case that he feared providing that information to police, which may have proven that he worked with the Osundairo brothers to stage the attack.
Smollett also testified that an interview he gave to "Good Morning America" was heavily edited.
"Every breath, every emotion is chopped, so you really can’t understand it," Smollett said of the sit-down conversation.
Smollett says ‘there was no hate crime hoax’
During his explosive testimony, Smollett said he grew upset with Chicago police supposedly indicating Smollett told them his attackers were donning red MAGA hats, stating "I never said that."
JUSSIE SMOLLETT 'A REAL VICTIM' OF ATTACK IN CHICAGO, LAWYER ARGUES
Webb also asked Smollett if he recalls the Northwestern doctor – who was a witness called by Smollett’s own attorney – saying Smollett had no injuries.
"I have a scar under my eye that has not healed… my injuries were real," Smollett said, according to Fox News’ Matt Finn. "I remember him saying the facial injuries were real…"
Asked if he was concerned that police would see on Smollett's phone all the substantial communication he had with Bola Osundairo which would pinpoint that the hate crime hoax was planned, Smollett vehemently pressed; "There was no hate crime hoax from my standpoint."
Jussie Smollett thanked reporters outside of Chicago courthouse following a combative two-day testimony. (Fox News Channel)
Smollett scolds prosecutor for using the N-word while quoting his private messages
Tuesday’s events again saw the actor engage in combative banter with Webb as the prosecutor read off Instagram messages – some of which included the use of the N-word – that Smollett exchanged with Bola Osundairo updating Bola on his whereabouts and flight delay information on the night of the attack, making the case that he was working with him to time out the planned attack.
Smollett took umbrage with Webb using the N-word during his reciting of the direct messages and interrupted the prosecutor to ask him to spell or abbreviate the word so as not to offend "every African American in this room."
JUSSIE SMOLLETT TRIAL: ACTOR ALSO FIGHTING BATTLE IN THE COURT OF PUBLIC OPINION
It was then that Webb welcomed Smollett to read his own messages to the court but maintained that he would not censor the quotations of the actor's messages. Smollett complied and the two moved on.
The remainder of the cross-examination saw Webb call key details of Smollett’s story of both the night of the attack and the alleged dry run into question, with Smollett denying throughout that he orchestrated anything with the Osundairo brothers, referring to both the siblings as "liars."
Jussie Smollett testified to the nature of his relationship with brothers Olabinjo Osundairo, right, and Abimbola Osundairo, which he said included doing drugs with Bola Osundairo and the two allegedly attending a gay bathhouse where they ‘made out’ and did more narcotics. (AP Photo/Charles Rex Arbogast, File)
Smollett’s defense was then allowed to redirect before he ended his testimony during which, actor’s attorney, Nenye Uche focused on the Instagram messages that Webb alleged helped prove that he was keeping Bola Osundairo up-to-date on his whereabouts the night of the attack so he would know when and where to find him.
Smollett said that "tons" of his followers responded to an Instagram Story he posted about his flight being delayed and the incoming Polar Vortex in Chicago, which automatically begins a private messaging conversation on the app.
Uche also focused on Smollett’s allegation that the brothers reached out to him after the attack to try and extort $1 million each in exchange for telling the police that they did not plan the hoax. Under another redirect from Webb, Smollett noted that the brothers did not reach out to him about the money personally but did so through their representatives to his attorneys.
It was then that Smollett ended his time on the witness stand and court was ended for the day.
Smollett exits the courthouse, hoists his fist in the air
Smollett then exited the courthouse – arm-in-arm with family members – to a slew of reporters and photographers hovered around an SUV parked outside.
Following a contentious court testimony and cross-examination, the performer appeared calm as he helped his mother into the awaiting vehicle.
"Thank you for being respectful, y’all," Smollett said to gatherers. "Appreciate it."
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Fox News’ Matt Finn asked Smollett what the actor was thinking about on the way out of the courthouse – Smollett responded by hoisting his fist in the air.
Smollett is charged with six counts of felony disorderly conduct for making what prosecutors say was lying to police by filing a false police report about the alleged attack — one count for each time he gave a report — to three different officers.
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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.
Fox News' Tyler McCarthy and Matt Finn contributed to this report.
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