CHICAGO – Former “Empire” actor Jussie Smollett is expected back in Cook County court in person Wednesday for the first time in more than a year, but the hearing he is slated to attend will be conducted entirely away from public view.
Judge James Linn is expected to hear testimony about whether one of Smollett’s would-be attorneys, Nenye Uche, has a conflict of interest that could disqualify him from representing the actor in his hot-button criminal case.
The proceedings have been conducted with an unusual amount of secrecy. A slew of paperwork has been submitted directly to the judge and attorneys, outside the usual public filing process. And the public is not allowed to attend Wednesday’s hearing in chambers, which could last for hours.
Linn could hear testimony from Uche himself as well as from Abimbola and Olabinjo Osundairo, who are key witnesses in special prosecutors’ case against Smollett.
Smollett is accused of staging a phony hate crime on himself — allegations that made international news in early 2019. Prosecutors have said Smollett acted with the Osundairos’ help, and they are expected to be a central part of prosecutors’ case.
When Uche signed on to represent Smollett earlier this year, the Osundairo brothers alleged that he spoke with them about representing them early in the process, and had substantive conversations about the case. If true, that could mean Uche has a conflict of interest barring him from representing Smollett.
Uche, however, has repeatedly denied ever having had conversations with the brothers.
Linn has said that with such an enormous factual dispute between the two sides, he had little choice but to order a hearing into the allegations.
Prosecutors’ filings about the specifics of their accusations have not been made public. But from the bench Linn has said prosecutors allege Uche spoke with the brothers about a few key moments early in the case. Among them: whether to turn over a check to Chicago police — likely the personal check Smollett allegedly used to pay them for their help — and whether to insist upon immunity before talking further with authorities.
A hearing in May about whether prosecutors had given the defense adequate information to prepare for the hearing grew contentious, signaling that Wednesday’s hearing could be lengthy.
