CHICAGO — Jussie Smollett’s attorneys on Thursday are expected to begin cross-examining one of the key witnesses against the “Empire” actor: Abimbola Osundairo, who testified earlier this week that Smollett instructed him to fake a hate crime attack on him in January 2019.
Over more than four hours of questioning by prosecutors Wednesday, Osundairo walked jurors through the planning and execution of the attack in minute detail, including Smollett’s request that Osundairo and his brother “fake beat him up” because he felt his security on the “Empire” set wasn’t being taken seriously.
The plan culminated, Osundairo said, when he and his brother Olabinjo spotted Smollett near his Streeterville apartment around 2 a.m. and, as planned, sprang into action.
“I said, ‘Hey, aren’t you that Empire (homophobic slur)?’ and we said the other words, and my brother said, ‘This is MAGA country,’” Osundairo testified. “That’s when I proceeded to punch him in the face and tussle … I threw him to the ground, put the bruise on his face, then I saw some car lights and then ran away.”
Smollett faces six felony counts of giving a false report to police. The actor, who is Black and gay, told officers he was attacked by two people who yelled racist and homophobic slurs, poured bleach on him, and tied a rope around his neck like a noose. The Osundairos, however, told police that Smollett recruited them to stage the attack, turning Smollett from victim to suspect.
Cross-examination of Osundairo is expected to be lively. In opening statements, Smollett’s defense painted the Osundairos as criminals and liars who may have attacked Smollett out of homophobic tendencies.
Smollett’s lead attorney Nenye Uche, however, has been barred from questioning either brother. In one of the case’s many odd wrinkles, after Uche signed on to the case earlier this year, the Osundairos claimed they had spoken with him about possibly representing them in the early days of the Smollett matter.
Uche strenuously denied that assertion, but prosecutors argued he should be kicked off the case due to a conflict of interest. After a lengthy closed-door hearing, Judge James Linn said Uche could continue to represent Smollett - but could not cross-examine the brothers.
Osundairo’s brother, Olabinjo, also may testify against Smollett on Thursday. Abimbola Osundairo testified that Smollett’s plan involved Olabinjo pouring bleach on him and wrapping a rope around his neck like a noose.
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