After a series of delays, the trial for former “Empire” actor Jussie Smollett has finally begun. Six felony charges have been filed against the performer for filing false police reports in relation to his claims that he suffered racial or homophobic violence in Chicago in 2019.
The proceedings will be presided over by James Linn, Cook County Judge. It could go on for the whole week. WGN-TV reported:
A grand jury, empaneled by special prosecutor Dan Webb, brought the charges against Smollett in February 2020 — about a year after the Cook County State’s Attorney’s Office moved to quickly dismiss the initial set of charges leveled against Smollett.
The jury that will decide whether Smollett perpetrated an elaborate Hate Crime Hoax in Streeterville will be chosen Monday. WGN-TV reported:
It was the first time that this case had been made public. Smollett, a Black and gay actor on the Fox series “Empire,” told Chicago police that he was attacked by two masked men in the middle of a frigid night after he left a Subway restaurant.
Smollett said his attackers used homophobic and racial slurs while putting a noose around his neck, with one of the assailants telling him, “This is MAGA country,” a reference to former President Donald Trump’s campaign slogan.
Police soon became suspicious of Smollett’s story, and the actor became a suspect, charged with filing a false police report. Cook County State’s Attorney Kim Foxx recused herself from the cases to “address questions of impartiality.”
The charges against Smollett were dropped shortly thereafter, with very little explanation. To recover the money spent on his investigation into his assault case, Smollett was sued by Chicago.
But Smollett was still not off the hook because Cook County Judge Michael Toomin appointed Dan Webb – former U.S. Attorney for Illinois’ Northern District – as special prosecutor to determine whether the state’s attorney’s office had engaged in wrongdoing when it dropped the charges. In February 2020, a grand jury indicted Smollett.
It Associated Press reported:
Smollett has been accused of lying about his alleged attack to the police and is being charged with felony disorderly behavior. This is a Class 4 crime that can lead to a three-year sentence. Experts however believe it more likely that Smollett would receive probation instead of a prison sentence.
Smollett’s testimony in this trial is still unknown. However, the Osundairo sisters, who were allegedly involved in the staging of the hate crime are expected to testify to the same evidence that they previously gave law enforcement. The Osundairo brothers claimed Smollett paid for them to perpetrate the fraudulent attack when they were questioned.
From the AP
Jurors also may see surveillance video from more than four dozen cameras that police reviewed to trace the brothers’ movements before and after the reported attack, as well as a video showing the brothers purchasing a red hat, ski masks and gloves from a beauty supply shop hours earlier.
The actor’s attorneys have not yet given a glimpse of their strategy for defending their client, but the AP noted that “there are clues as to how they might” mount a defense. “Buried in nearly 500 pages of Chicago Police Department reports is a statement from a woman who lived in the area who says she saw a white man with ‘reddish brown hair’ who appeared to be waiting for someone that night,” according to the report.
This woman told a detective that when this man turned away from her, she “could see hanging out from underneath his jacket what appeared to be a rope.”
It is possible that the defense could use the testimony to bolster Smollett’s claim that one of the attackers placed a makeshift noose around his neck after the assault. If she were to testify that the man was white, it could back up the actor’s claim that white men in MAGA hats assaulted him.
Tina Glandian, one of Smollett’s attorneys, suggested in a March 2019 interview that one of the Osundairo brothers could have applied white makeup around his eyes to trick Smollett into believing he was white. The Associated Press explained:
Glandian might ask the brothers to discuss a video they talked about that shows Glandian, in whiteface and reciting a monologue from the Joker character. This would help address the skeptical attitude of the jury.
The defense is attempting to claim that Smollett believed he was being attacked in an attack by white MAGA supporters, when in fact he was actually being attacked by two white men wearing whiteface. It could also be that the defense is merely claiming that the actor paid for their attack to avoid prosecution.
The defense seems weak. But given the circumstances, it might be the only defense Smollett’s attorneys could attempt to persuade a jury. Another weakness was the $3,500 check the entertainer wrote to the brothers to allegedly stage the encounter. But, defense lawyers will most likely claim that it was a payment for private training sessions.
“I would assume the defense is going to zero in on that,” said Joe Lopez, a defense attorney told the AP. “If they texted messages regarding training sessions, checks he (Smollett) wrote them for training, photographs, the defense would use all of that.”
It will be interesting to see how this trial plays out, as the defense appears to have an uphill fight that is the legal equivalent of climbing Mt. Everest was able to eat with a fork. Smollett could spend up to three consecutive years behind bars if he is found guilty. He is not a criminal defendant and has been rich.
It is possible, however that those interested in committing fake hate crime might reconsider their plans if he’s convicted. It will also make Americans doubt more hate crime claims once they are made national news. This will likely be a positive outcome for conversations on race because it will make it more difficult for these types of situations to incite more racial animus. This is especially true considering that many prominent leftists took advantage of the chance to use the story to race-bait purposes. This trial will have a positive effect on the U.S. if it results in Americans becoming more distrustful of these narratives.
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