Court rests in Jussie Smollett trial, possible jury deliberation to come on Dec. 6, judge says
Defense attorney Shay Allen seemed to try to convince a jury through his cross-examination of Bola that he and his brother carried out the attack because they were trying to get Smollett to pay him as private security so that they could secure a regular paycheck beyond what Bola was getting for his regular work on “Empire.”
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Actor Jussie Smollett arrives Thursday, Dec. 2, 2021, at the Leighton Criminal Courthouse on day four of his trial in Chicago.
After a tense day of testimony, the court will rest until Monday, Dec. 6 or Tuesday, Dec. 7, judge Linn said on Thursday.
During defense testimony from Dr. Robert Torelli of Northwestern University, who treated Smollett following the alleged attack, the doctor said Smollett presented and appeared to have been the victim an assault.
He maintained that Smollett’s injuries were indeed real and that after examining Smollett for injuries described as a “sore face, scratches on cheeks, sore shoulders and ribs,” he ordered X-rays and a CT scan for the actor.
On cross-examination, prosecutors made it point to mention that while Dr. Torelli can determine if Smollett was injured, he is not able to necessarily identify the cause and that is should not be his intent to determine an exact cause for Smollett’s injuries.
Dr. Torelli pressed that he did not identify any major injuries to Smollett given the tests that were ran on Smollett.
Meanwhile, Smollett’s publicist, Pamela Sharp also took the stand for the defense and detailed Smollett’s earning history during his time on “Empire.”
Sharp indicated that Smollett earned $20-$30k per episode when he began as an actor on the show and that by Season 5, his pay had increased significantly to $100-$125k at 18 episodes per season – for a gross of $2.25 million.
Sharp said she partially negotiated the “Good Morning America” sit down interview Smollett would ultimately do with Robin Roberts – but said Smollett was reluctant to do press overall.
“They want to hear from you,” she recalled telling Smollett. “Please just do a one and done.”
Jussie Smollett’s former music manager, Brandon Z. Moore, was questioned by the Smollett defense team on Thursday and testified that he was on the phone with the actor during the alleged attack.
Moore testified that he heard a derogatory term for a gay male, in addition to the words “MAGA Country” and that Smollett then told him over the phone, “I just got jumped.”
Moore was then handed over to the prosecution for cross-examination.
While answering questions from prosecutors, Moore relayed that his professional relationship with Smollett began in 2017.
“We stopped working before Covid. Obviously things had slowed down,” he said, adding, “We parted ways.”
Moore said he considered Smollett to be one of his famous clients and explained that he had a direct hand in managing the former “Empire” actor and made 20% of anything Smollett did.
When asked if he would ever consider working with Smollett again, Moore said it would depend on the circumstance.
In 2018, Moore said Smollett released a music album, titled “Sum of My Music” in which both men donated the proceeds.
Prosecutors then show Moore an Instagram photo on Moore’s account posted the day Smollett was allegedly beaten.
Moore said it never crossed his mind that Smollett would stage a hate crime in Chicago.
Prosecutors pose the question: “Mr. Moore – do you believe Jussie Smollett staged a hate crime?” to which Moore responds, “No.”
Cheryl Cook/Storyteller Studio
The trial of Jussie Smollett had gone on without a hitch until Thursday when his defense attorney, Tamara Walker accused Cook County Judge James Linn of physically lunging at her.
Following a cross-examination witness Ola Osundario, Walker went on to request a mistrial which was denied by the judge.
In a very tense moment, the defense team for Smollett and lead Prosecutor Dan Webb migrated into the Judge’s chambers with Judge Linn while Attorney Walker, who broke down in tears and asked for a mistrial is across the hall composing herself.
Walker could be seen wiping tears as she told Judge Linn that he was basically hitting her defense by not allowing her to finish asking Olabinjo Osundairo about an alleged homophobic Tweet.
The jury was asked to leave the room while defense attorney Walker argued for a mistrial, in a very emotional moment before Judge Linn, taking umbrage with Linn calling her line of questioning “unfocused” and disallowing a sidebar with him to discuss his remarks.
Judge Linn also called her comments “collateral,” which the judge explained meant that she was talking about things outside the scope of the questioning.
The judge says, “There will be no mistrial.”
“I was shocked that you said those words,” Judge Linn said. “Your motion is respectfully denied.”
After the defense finished its cross-examination of Abimbola "Bola" Osundairo, special prosecutor Dan Webb redirected the witness, asking key questions about how he and his brother would have known where Smollett was going to be at 2 a.m. during a Polar Vortex. He also got Osundairo to say that he was not aware that Smollett planned to go to the police when he agreed to stage the attack.
Webb also poked holes in the defense's claim that this act would raise their profile, with Bola revealing that he lost his acting representation as a result of the case and has not worked as an actor since.
During a brief redirect from the defense, Bola was asked why Smollett would simultaneously ask for his assistance in getting in shape for a music video as well as injure his face, to which Bola said he didn't know.
Osundairo then concluded his time on the witness stand.
Actor Jussie Smollett arrives Thursday, Dec. 2, 2021, at the Leighton Criminal Courthouse on day four of his trial in Chicago. (AP Photo/Charles Rex Arbogast)
Abimbola “Bola” Osundairo’s testimony on Thursday ended with the defense trying to cast doubt on his motivation for telling police that Jussie Smollett orchestrated the attack against him in 2019.
Defense attorney Shay Allen seemed to try to convince a jury through his cross-examination of Bola that he and his brother carried out the attack because they were trying to get Smollett to pay him as private security so that they could secure a regular paycheck beyond what Bola was getting for his regular work on “Empire.”
Under oath, Bola denied the allegation as well as another that he was shopping a book deal or that he and his sibling tried to blackmail Smollett for a $1 million fee to go away. The defense seemed to be attempting to paint the Osundairo brothers as two people who only got close to Smollett in an effort to further their career and status within show business.
Meanwhile, Bola’s testimony with the prosecution from Wednesday evening seemed to carry a bit more weight with video and other evidence being used to corroborate what he was testifying.
Defense attorneys in Jussie Smollett’s case further sought to question the motives of one of the key witnesses in the prosecution, alleging he sought money and fame by acting alone to carry out the attack.
Abimbola “Bola” Osundairo took the stand for cross-examination on Thursday where the defense tried to discredit testimony he gave the previous day that was largely corroborated by video and other evidence uncovered by police.
In addition to asking about drugs, defense attorney Shay Allen questioned the motivation behind Osundairo's interactions with Smollett, suggesting they were dating, that Smollett wanted Osundairo to get him supplements that are illegal in the U.S., and that the aspiring actor — who worked as a stand-in on “Empire” — wanted a high-paid job as Smollett's security.
However, Osundairo stuck with his story Thursday, while denying a sexual relationship with Smollett and that he asked the actor to hire him.
The Associated Press contributed to this report.
The defense has begun its cross-examination of Abimbola “Bola” Osundairo after the prosecution had him lay out his relationship to Jussie Smollett and his version of the alleged hate crime attack.
Thursday’s court proceedings kicked off with Bola retaking the stand where defense attorney Shay Allen tried to call the witness’ credibility into question. Allen began by asking Bola if he had ever sold drugs to Smollett. The witness previously said that he had obtained drugs like weed, cocaine and ecstasy for the actor while they both worked on “Empire.”
However, on Thursday, Bola clarified that, while he did obtain drugs for Smollett, he alleges he did not sell them to him.
“I’m not a drug dealer, I don’t sell,” he said.
The Associated Press contributed to this report.
Abimbola Osundairo, walks through the lobby of the Leighton Criminal Courthouse courtroom after a lunch break in the trial of actor Jussie Smollett (AP Photo/Charles Rex Arbogast)
The jury in Jussie Smollett’s trial heard testimony from one of the brothers who allege that the former “Empire” actor paid them to orchestrate a fake hate crime attack against him.
Abimbola “Bola” Osundairo was the sixth person to take the stand for the prosecution on Wednesday where he gave explosive testimony that outlined how he first mete Smollett all the way through his and his brother’s arrest for allegedly aiding him in faking the attack in 2019.
On Thursday, Bola is expected to take the stand once more to undergo cross-examination from Smollett’s defense team. The judge in the case had hoped to finish with the witness on Thursday evening but Smollett’s team said they needed 3 to 4 hours to prepare their cross-examination and didn’t want to lose the jury’s attention as it was already late in the evening.
However, casting doubts on Bola’s testimony will be difficult given that many of the things he said during questioning on Wednesday were backed up by video and other evidence presented by the prosecution.
What was not on tape, though, is the witness’ claim that the attack was carried out exactly the way Smollett instructed it to be. Osundairo told jurors Smollett told him to punch him but “not too hard.” Once Smollett was on the ground, Osundairo said Smollett said he should give Smollett “a bruise” and “give him a noogie” — or rub his knuckles hard on Smollett's head.
After punching Smollett in the face and throwing the actor to the ground, they put a noose around his neck and threw bleach on him, then ran away, Osundairo told jurors. This was something they discussed doing in an alleged “dry run” of the attack done days prior.
Jussie Smollett's defense is preparing for a big day in court on Thursday, where they will question one of the two brothers who claim the actor recruited him and his brother to stage a racist, homophobic attack.
On Wednesday, Abimbola “Bola” Osundairo showed the jury on a map the location where he and his brother waited for Smollett on the night the attack occurred.
Bola pointed to the Streeterville area, a Chicago neighborhood.
He told prosecutor Dan Webb that he, his brother and Smollett executed the attack just like they had practiced and the two brothers then fled the scene.
Osundairo testified that Smollett instructed him and his brother in advance on how they should carry out the Jan. 29, 2019, hoax.
Smollett also planned a “dry run” and gave him a $100 bill to buy supplies, Osundairo said.Osundairo told jurors Smollett instructed him to punch Smollett but “not too hard.” Once Smollett was on the ground, Osundairo said Smollett said he should give Smollett “a bruise” and “give him a noogie” — or rub his knuckles hard on Smollett’s head.
After punching Smollett in the face and throwing the actor to the ground, they put a noose around his neck and threw bleach on him, then ran away, Osundairo told jurors.
Defense attorney Nenye Uche has said the brothers attacked Smollett, who is Black and gay, “because of who he is” and has suggested that the brothers were homophobic. -The Associated Press contributed to this report
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