Jussie Smollett’s conviction for orchestrating and reporting a phony hate crime punctuates actor’s sudden downfall
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Jussie Smollett’s conviction for orchestrating and reporting a phony hate crime punctuates actor’s sudden downfall
Megan Crepeau, Chicago Tribune
Thu, December 9, 2021, 9:42 AM
Jussie Smollett’s star was rising fast three years ago, with his hit show “Empire” leading the ratings and providing him groundbreaking opportunities to portray a gay, Black entertainer in a country still struggling with issues of race and sexuality.
All that began crashing down in January 2019, when Smollett reported he was the victim of a racist and homophobic attack on a frigid night in downtown Chicago, only to later be charged with making the whole thing up.
On Thursday, a Cook County jury completed Smollett’s downfall, convicting the actor on five out of six felony counts of disorderly conduct for lying to police about the purported attack, which prosecutors said was carried out by two brothers Smollett hired to do the job.
The jury’s guilty verdict, which was announced in Judge James Linn’s courtroom after more than nine hours of deliberation, marked a dramatic end to a story that has captivated Chicago and made worldwide headlines for years. Prosecutors said Smollett orchestrated the attack to boost himself with his show, which has since been canceled, and force its leaders to take his security concerns more seriously.
Smollett, surrounded by his attorneys, remained stoic as the forewoman read the verdict. Linn did not order Smollett into custody pending sentencing; his next court date was set for Jan. 27, at which time attorneys are expected to discuss scheduling matters.
Smollett was convicted of the five counts that alleged he lied to police on Jan. 29, 2019 — the day of the purported attack. The sixth count, on which Smollett was acquitted, alleged that he lied to Chicago Police Det. Robert Graves more than two weeks later, on Feb. 14.
Graves testified on the third day of Smollett’s trial that Smollett came in for an interview after Abimbola and Olabinjo Osundairo, whom Smollett is accused of recruiting to help carry out the hoax, were in custody.
Graves said he suspected Smollett of changing his story to describe his attackers as “pale-skinned” rather than white, and he quoted Smollett as saying his attackers could not be the Osundairos because they are “black as sin” — a line that Smollett, during his time on the witness stand, strenuously denied ever having said.
Abimbola Osundairo addressed the media shortly after the verdict was announced, but barely long enough to wish his brother luck in an overseas boxing match.
“Nigerian-American lives matter,” he said.
Special prosecutor Dan Webb told reporters after the verdict that Smollett’s charges, while low-level felonies, were “not insignificant.”
“For him to fake a hate crime, fake it and then cause the police department to spend enormous efforts … I thought it was serious criminal misconduct that needed to be approached and have a public trial about it,” Webb said.
And Smollett “compounded his wrongdoing” by lying to jurors during his time on the stand, Webb said, adding the actor had insulted jurors’ intelligence with his story and testimony.
Smollett faces up to three years in prison, though with no major prior criminal record it is far more likely he would receive a lighter sentence, including possible probation.
The allegedly phony racial and homophobic attack on the then-“Empire” actor led to one of the most momentous minor felony cases in Cook County history.
Under an international media spotlight, the case spiraled into a tangle of rumors and culture-war flashpoints, competing lawsuits, a special prosecutor’s investigation, and a political crisis for Cook County State’s Attorney Kim Foxx.
But jurors were tasked with determining only one thing: Whether Smollett, in fact, staged the attack on himself, then lied to police about it.
The jury heard closing arguments Wednesday.
The jury first heard from special prosecutor Dan Webb, who said Smollett not only committed a crime by falsely reporting a hate crime, what he did was “just plain wrong” to denigrate something as serious as a hate crime.
Webb said it was particularly egregious for Smollett to make sure his plan “had words and symbols” emblematic of this country’s racist past — including a noose and the use of the N-word.
When Smollett’s attorney Nenye Uche addressed the panel, he said the prosecution’s case was riddled with “doubts” and built on the testimony of two brothers who are criminals and “certified liars.”
Uche also questioned why Smollett would instruct his attackers to wear pro-Trump hats and yell slogans like, “This is MAGA country!”
“He’s dumb enough to go into Obama’s city and pretend there’s Trump supporters running around with MAGA hats?” he said. “Give me a break.”
This is a developing story. Check back for details.
mcrepeau@chicagotribune.com
jmeisner@chicagotribune.com
