Smollett jurors dismissed amid pause in deliberations, ask court for calendar of events:LIVE UPDATES

Associated Press

Jurors took a pause in deliberations and asked the court, “Can we have a copy of the calendar of events?”

There had been a display on screen showing the month of January 2019 with specific dates marked off by prosecutors listing what happened on those days. Jurors want copies of it.

While Smollett’s attorneys are present, the actor is not.

The jurors have been dismissed for the day and will resume deliberations on Thursday morning at 10:15 a.m. ET as long as all 12 jurors have arrived to court by then.

Fox News’ Ruth Raave contributed to this report.

“Mr. Uche told you he would prove to you it was a rush to judgement but during his two hour closing he didn’t mention a rush to judgement even one time,” Mendenhall said in the open of his closing statement.

“During a polar vortex police went over 1500 hours of video…. There was no rush to judgement,” he added. “Evidence matters around here ladies and gentlemen. Facts matter. He told you there was no evidence in this case that shows Mr. Smollett was involved, that we were making assumptions. Mr. Smollett went on national TV and told Robin Roberts he never touched the rope the entire time. But he told you yesterday he took it off. He told the officer in his apartment, ‘I never took the rope off because I wanted you to see it [making the point that he lied to police].’” 

Mendenhall persists: 

“Smollett said he never changed his story the entire time… Police said Smollett told them attackers were white. Smollett was in that witness box saying they were pale-skinned.” 

“Smollett said he never said there was a camera on the street until police told him. Watch the police body worn camera where Smollett pointed out the camera – he pointed out the exact same camera he showed the brothers that day as the area for the attack.” 

“Mr. Smollett said there was a camera on the street that captured the whole thing.” Mendenhall also referenced Smollett’s testimony that he had only went to Walgreens for eggs before he visited an area Subway restaurant. 

“The breakfast plan created for a Smollett had breakfast listed at noon. Why did Smollett need to go out at 2 a.m. to get eggs?” he asked the jury.

“Walgreens is open early – why not sleep in and get it in the morning when breakfast isn’t scheduled until noon? Mendenhall advised the jury that Smollett’s attorney “is entitle to his own arguments, he’s not entitled to his own facts.” 

The prosecutor continues his address to the jury: 

“I saw you take notes when [Uche] talked about the $2 million in [alleged extortion money],” he said. “Originally he said it was $2.9 million. Then today he said it was $2 million, so which is it? When you tell a lie you have to remember what it was,” he argued.

“It’s when you forget, you get caught tripping up.” “Truth matters, facts matter, evidence matters,” Mendenhall said.

Fox News’ Ruth Raave contributed to this report.

During the final statements the defense and prosecution did not hold back in making their cases regarding their assumptions to Smollett’s alleged involvement in what prosecutors believe was a hate crime hoax.

Smollett’s defense attorney Nenye Uche ended his oration by wishing upon a jury which he told holds “the power to determine if the prosecution made its case.”

“I thought I’d end with a Christmas wish list,” Uche said as he showed on the screen his laundry list of questions he wished he had answered. 

Do you want Mr. Smollett to be convicted of this nonsense?

Do you want to take away man’s freedom?  

Who was the man in the car?  

Where are the phone records from Ola’s other two phones?  

Why did the brothers lie about having their phones?  

Who is this third person?

Why doesn’t the report show the SD card was overwritten? 

Why did they pressure and threaten Anthony Moore to change his story if the case is solid?

Why are they telling him to say he saw a black person when he said he saw the same thing Jussie saw?  

After relaying his list of unanswered questions he felt the prosecution failed to answer, Uche told the jury, “If you believe like I do Smollett is innocent and not guilty stand up. We’re willing to wait. 

He added, “The only principle in this courtroom is the presumption of innocence. I ask you, please be strong, this is not an easy case.”

According to Fox News' Matt Finn, Smollett's defense attorney quoted John Adams, saying, "facts are a stubborn thing" -- and further pressed to the jury: "I need constitutional warriors in that jury room because I can not speak again" before conceding to prosecutorial rebuttal.

Fox News’ Ruth Raave contributed to this report.

Actor Jussie Smollett arrives at the Leighton Criminal Courthouse on Wednesday, Dec. 8, 2021, day seven of his trial in Chicago. (AP Photo/Charles Rex Arbogast)

Jussie Smollett's defense attorney painted the Osundairo brothers as highly intelligent criminals in his closing argument. However, he noted that one part of their alleged story doesn't hold up.

The Osundairo brothers allege that Smollett instructed them to buy red hats and shout "this is MAGA country" during the allegedly fake attack. Smollett denies telling the brothers to stage anything and his defense attorney Nenye Uche noted that wouldn't be an effective lie.

"He’s dumb enough to go into Obama’s city and pretend there’s Trump supporters running around with MAGA hats? Give me a break," said Uche.

"MAGA" is a reference to former President Donald Trump's campaign slogan "Make America Great Again."

Defense attorney Nenye Uche kicked off closing arguments in the Jussie Smollett trial on Wednesday. 

He began by attempting to discredit the prosecution’s key witnesses, the Osundairo brothers. Uche noted that they are both highly intelligent, which he told the jury means they have to have their “guard up” around them because they’re capable of manipulation. He also seemed to imply that they were coached on what to say, citing the fact they gave curt answers from the witness stand and frequently responding to questions with “I don’t recall.” 

He added that a lot of what is alleged simply doesn’t make sense and that the prosecution is contorting the story to fit its evidence and not the other way around. For example, Uche alleges that saying Jussie instructed them to buy red hats, which he denies, came about simply because the brothers were seen buying red hats. He also notes that the allegation that Jussie attempted to get the attack captured on surveillance cameras, which don’t have audio, makes it silly for him to also instruct the brothers to shout racist and homophobic things during the attack.  

Uche said that he wants the jury to remember that the Osundairo brothers are highly intelligent  criminals who knew enough not to take up a hoax attack, but are also capable of lying about one to cover up their real alleged crimes. 

Special prosecutor Dan Webb finished his closing arguments in the Jussie Smollett trial by telling the jury that he and his team have proven "beyond a reasonable doubt" that the "Empire actor faked the hate crime attack against himself.

After laying out his six key points, Webb stated that the Osundairo brothers are the ones telling the truth and that there is evidence to support their claims. He also called out the defense for trying to prove that the brothers were homophobic, which they claim motivated the attack. Webb said that had nothing to do with their testimony that Smollett instructed them on what to do that night.

He also concluded by once again stating that claims the police rushed to judgement are false, citing the 3,000 hours of investigation clocked in by roughly 24-26 officers. Now that Webb is done, the defense will get a chance to speak in support of Smollett before the trial is turned over to the jury for deliberations.

Special prosecutor Dan Webb continued his closing argument on Monday by laying out six key pieces of evidence that he believes “destroy” Jussie Smollett’s defense.

In recapping what he already ran the jury through at trial, Webb summarized the case Wednesday in just six easy points for the jury to consider when they go into deliberations either later today or tomorrow: 

Smollett allegedly withheld evidence from the police such as DNA evidence, medical records and his phone records. Webb believes this is because he didn’t want the crime to be solved.

Smollett actively attempted to mislead the police by saying that his attackers were White or “pale-skinned” when the Osundairo brothers are dark-skinned Black men from Nigeria.

Smollett faked evidence by seemingly adjusting the rope that his attackers allegedly put around his neck to look tighter when speaking with police. Webb showed an image of the rope looking tighter in his interview with the police. Smollett previously testified that he took the rope off but put it back on when he realized it was important evidence that he shouldn’t have tampered with.

The Osundairo brothers could not possibly have known where Smollett was without him telling them his location. Smollett says he was out at 2 a.m. that night to get eggs to keep up with a diet plan but the store was closed. So, he grabbed a Subway sandwich and walked home where he was attacked. Webb went over Instagram messages with Abel Osundairo while Smollett was on the stand Tuesday to try to prove that he was communicating his position.

Smollett did not have serious injuries stemming from the attack. That is in keeping with what the Osundairo brothers testified. They say Smollett told them not to hurt him too badly. 

Smollett never signed a criminal complaint against the brothers. Instead, he sent Abel a text message after it came to light the brothers had been arrested in which he said he didn’t believe they did anything wrong and stood with them. Webb alleges that this was the actor’s way of telling them he’d protect them.

Actor Jussie Smollett departs Tuesday, Dec. 7, 2021, with his motherJanet, the Leighton Criminal Courthouse after day six of his trial in Chicago. (AP Photo/Charles Rex Arbogast)

Special prosecutor Dan Webb kicked off his closing arguments in the case against Jussie Smollett by alleging his team had proven that Smollett violated the law and did something “just plain wrong.” 

He says that Smollett, who is Black and gay, staged a hate crime attack against himself for publicity reasons and further lied to police about it, which is a felony. However, he told the jury that not only did the actor violate the law, but he did something especially immoral to the Black and gay community by faking something so “heinous.”

In addition, Webb wanted the jury to know that he believes Smollett not only lied to the public and the police, but he lied to the jury as well. Following two days of testimony, the prosecutor claimed that Smollett said demonstrably false things under oath. 

Specifically, he said that Smollett’s claims that he did not know his attackers and his assertion that they were White was false. Smollett clarified yesterday, though, that he merely assumed his attackers were White based on what they said to him but used the term “pale-skinned” to police. However, Webb believes the police proved that it was Nigerian brothers Abimbola and Olabingo Osundairo who attacked the actor at his own behest. 

He also made a lot of the fact that Smollett believed that telling the police and the public that the people who attacked him were White, racist, homophobic Trump supporters would give his story more credibility. 

Fox News’ Matt Finn reports that Webb stated: “Smollett has had this theory that if I say white – that makes it a more real hate attack because whites attacking African American gay man. But the Osundairo brothers are not white you and know that.”

Closing arguments have officially begun in Jussie Smollett’s trial, marking the last step before the jury deliberates his fate. 

Judge Linn announced on Wednesday that there will be no time limit on the prosecution nor the defense as they offer their last speeches to the jury in the hopes of convincing them of their side in the case.

Smollett is charged with six counts of felony disorderly conduct for allegedly offering a false police report about the account six different times to three different investigators The class 4 felony carries a prison sentence of up to three years, however, it is unlikely that he will be sentenced to prison time with probation and community service much more likely. However, after testifying on the stand, legal experts previously told Fox News that may impact the judge’s decision to punish him more harshly should the jury find him guilty. 

In this courtroom sketch, special prosecutor Dan Webb, left, cross-examines actor Jussie Smollett Tuesday, Dec. 7, 2021, in Chicago. (AP Photo/Cheryl Cook)

While former "Empire" performer Jussie Smollett gave a whirlwind testimony over the course of two days that saw Smollett vehemently state in no uncertain terms that the allegations are "100% false" despite what the Osundairo brothers previously testified, some legal experts believe Smollett did himself no favors and likely hurt his defense by taking the stand. 

"Smollett testifying in his own defense is one of two things, or maybe both: a narcissistic criminal defendant who is doubling down on his charged lies to law enforcement or defense attorneys who know they are way behind and are throwing a low probability Hail Mary to try to get their client off," former U.S. attorney Neama Rahmani, who is not involved with Smollett's case, told Fox News Digital. 

Rahmani added: "Either way, Smollett’s story was a bizarre attempt at forcing a square peg into a round hole by offering every possible explanation for the state’s digital evidence except the most obvious one: that he is guilty. In the unlikely event he is acquitted, Smollett’s decision was a genius move. But it is far more likely that the jury sees through his ruse and Smollett is convicted. If so, the judge may sentence him to prison time for obstructing justice and perjuring himself on the witness stand."

Other legal experts who spoke with Fox News Digital shared similar sentiments about Smollett’s testimony. 

Click here to read more.

Closing arguments are scheduled for Wednesday in the case against Jussie Smollett after a tense day in court that included prosecutors questioning the former “Empire” actor who is accused of staging a racist attack in 2019.

Over the past two days of intense court testimony, Jussie Smollett was asked questions from his defense team and prosecutors about the alleged encounter. 

After closing arguments, the jury is then expected to begin deliberating whether Smollett is guilty on six counts of a low-level felony for lying to Chicago police about the January 2019 attack. 

The former "Empire" actor denied under oath all allegations that he brought the Osundairo brothers on a "dry run" of his attack two days prior to it taking place.

The two siblings previously testified that he paid them to help him orchestrate the attack in downtown Chicago.

Smollett, 39, is charged with six counts of felony disorderly conduct for making what prosecutors say was a false police report about the alleged attack — one count for each time he gave a report — to three different officers. The class 4 felony carries a prison sentence of up to three years, but experts have said if Smollett is convicted, he would likely be placed on probation and ordered to perform community service. -The Associated Press contributed to this report