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CHICAGO โ โEmpireโ actor Jussie Smollett staged a racist and homophobic attack because he was unhappy about his salary and wanted to promote his career, Chicagoโs police superintendent said Thursday.
Before the attack, Smollett also sent a threatening letter that targeted himself to the Fox studio in Chicago where โEmpireโ is filmed, Supt. Eddie Johnson said.
โHe took advantage of the pain and anger of racism to promote his career,โ Johnson told reporters at a news conference.
โThis publicity stunt was a scar that Chicago didnโt earn and certainly didnโt deserve,โ he later added.
The whispers about Smollettโs account started with reports that he had not fully cooperated with police after telling authorities he was attacked. Then detectives in a city bristling with surveillance cameras could not find video of the beating. Later, two brotherswere taken into custody for questioning but were released after two days, with police saying they were no longer suspects. Johnson said Smollett paid the brothers $3,500 to stage the attack.
Following three weeks of mounting suspicions, Smollett was charged Wednesday with felony disorderly conduct, a charge that could bring up to three years in prison and force the actor, who is black and gay, to pay for the cost of the investigation into his report of a Jan. 29 beating.
The Seemingly Sympathetic Victim of a Hate Crime
In less than a month, the 36-year-old changed from being the seemingly sympathetic victim of a hate crime to being accused of fabricating the entire thing.
The brothers are not considered suspects. Johnson said they wore gloves during the staged attack and โpunched him a little bit.โ He said scratches and brusing Smollett had on his face were โmost likely self-inflicted.โ
In a statement Wednesday, attorneys Todd Pugh and Victor Henderson said Smollett โenjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked.โ
Smollett, who plays a gay character on the hit Fox television show โEmpire,โ said he was attacked as he was walking home from a downtown Subway sandwich shop. He said the masked men beat him, made derogatory comments and yelled โThis is MAGA countryโ โ an apparent reference to President Donald Trumpโs campaign slogan, โMake America Great Againโ โ before fleeing.
โEmpireโ is shot in Chicago and follows a black family as they navigate the ups and downs of the recording industry.
After reviewing hundreds of hours of video, detectives did find and release images of two people they said they wanted to question and last week picked up the brothers at OโHare International Airport as they returned from Nigeria. Police questioned the men and searched their apartment.
The brothers, who were identified by their attorney as Abimbola โAbelโ and Olabinjo โOlaโ Osundairo, were held for nearly 48 hours on suspicion of assaulting Smollett.
Smollett Charged by Prosecutors, Not the Grand Jury
The day after they were released, police said the men provided information that had โshifted the trajectory of the investigation,โ and detectives requested another interview with Smollett.
Police said one of the men had worked on โEmpire,โ and Smollettโs attorneys said one of the men is the actorโs personal trainer, whom he hired to help get him physically ready for a music video. The actor released his debut album, โSum of My Music,โ last year.
Speaking outside the courthouse where the grand jury met, the brothersโ attorney said the two men testified for about two and a half hours.
โThere was a point where this story needed to be told, and they manned up and they said weโre going to correct this,โ Gloria Schmidt said.
She said her clients did not care about a plea deal or immunity. โYou donโt need immunity when you have the truth,โ she said.
She also said her clients received money from Smollett, but she did not elaborate.
Smollett has been active in LBGTQ issues, and initial reports of the assault drew outrage and support for him on social media, including from Sen. Kamala Harris of California and TV talk show host Ellen DeGeneres.
Giving False Information to Police When He Was Pulled Over
Referring to a published account of the attack, President Donald Trump told reporters at the White House that โit doesnโt get worse, as far as Iโm concerned.โ
But several hours after Smollett was declared a suspect and the charges announced, there was little reaction from celebrities online.
Former Cook County prosecutor Andrew Weisberg said judges rarely throw defendants in prison for making false reports, opting instead to place them on probation, particularly if they have no prior criminal record.
Smollett has a record โ one that concerns giving false information to police when he was pulled over on suspicion of driving under the influence. According to records, he was also charged with false impersonation and driving without a license. He later pleaded no contest to a reduced charge and took an alcohol education and treatment program.
Another prospective problem is the bill someone might receive after falsely reporting a crime that prompted a nearly monthlong investigation, including the collection and review of hundreds of hours of surveillance video.
The size of the tab is anyoneโs guess, but given how much time the police have invested, the cost could be huge.
Weisberg recently represented a client who was charged with making a false report after surveillance video discredited her account of being robbed by three men at OโHare Airport.
For an investigation that took a single day, his client had to split restitution of $8,400, Weisberg said. In Smollettโs case, โI can imagine that this would be easily into the hundreds of thousands of dollars.โ
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