Jussie Smollett gained widespread media attention in 2019 when he reported to the Chicago police that he had been targeted in a homophobic and racist attack.
Authorities conducted an extensive investigation to identify the individuals responsible for what was initially believed to be a potential hate crime. However, they later concluded that Smollett had orchestrated the assault himself, leading to accusations against the actor.
In the same month, a significant development occurred in the case with the arrest of two potential suspects by the police. However, they were soon released without any charges. Subsequently, several reports emerged accusing the actor of orchestrating the attack along with the assistance of Abimbola "Bola" Osundairo and Olabinjo "Ola" Osundairo, allegations that he vehemently denied.
Later in that month, he was charged with felony disorderly conduct for falsely reporting a crime to the police. The following morning, he was apprehended and faced a total of 16 felony charges. However, in March 2019, the prosecutors dropped all the charges against him.
In February 2020, Smollett was indicted by special prosecutor Dan Webb, reigniting the controversial case. The indictment stated that Smollett was aware that there was no crime when he reported being assaulted to the police.
In December 2021, during his testimony, Smollett maintained that the attack was not a hoax. However, later that month, he was convicted of five felony counts of disorderly conduct.
Scroll down for everything we know about the story so far:
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Jussie Smollett Alleged Attack: Everything We Know
Jussie Smollett gained significant attention in 2019 when he reported to the Chicago police that he had been targeted in a homophobic and racist assault.
Authorities launched an investigation to identify the individuals responsible for what was initially classified as a "potential hate crime." However, they later alleged that Smollett had orchestrated the attack himself.
In the same month, a significant development occurred in the case with the arrest of two potential suspects by the police. However, they were quickly released without charges. Subsequently, numerous reports emerged accusing the actor of orchestrating the attack alongside Abimbola "Bola" Osundairo and Olabinjo "Ola" Osundairo, allegations he vehemently and repeatedly refuted.
Later in the month, he was officially charged with felony disorderly conduct for filing a false police report. The following morning, he was apprehended and faced an additional 16 felony counts. However, in March 2019, the charges were dropped by the prosecutors.
Almost a year later, Smollett faced renewed charges as special prosecutor Dan Webb indicted him. The indictment, issued in February 2020, accused Smollett of knowingly fabricating a crime when he reported being assaulted to the police.
In December 2021, Smollett testified in court, vehemently denying that the attack was a hoax. However, despite his defense, Smollett was ultimately convicted of five felony counts of disorderly conduct.
Scroll down for everything we know about the story so far:
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Alleged Attack Takes Place
Smollett, an openly gay individual, reported the occurrence to the Chicago Police Department on January 29, 2019, at 2 a.m. He alleged that he was approached by two individuals who hurled racist and homophobic slurs, while asserting, "This is MAGA country." They physically assaulted him, poured an unidentified chemical substance on his person, and placed a rope around his neck. He took it upon himself to seek medical attention at Northwestern Memorial Hospital and was discharged later that day in a satisfactory condition.
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‘Persons of Interest’ Security Footage
The case showed its first signs of progress on January 30, 2019. The police released grainy surveillance footage, which department spokesman Anthony Guglielmi told us displayed two "potential persons of interest wanted for questioning." Concurrently, the FBI initiated an investigation into a threatening letter that had been mailed to Smollett at the Empire offices in Chicago a few days prior to the reported attack.
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Refusal to Turn Over Phone Records
Guglielmi informed Us on January 31, 2019 that Smollett and his manager mentioned to the police that they were "engaged in a conversation" right before the assault, however, they declined to provide their phone records. Notably, the spokesperson asserted that investigators had "no grounds to question" the statements provided at that time.
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Family Speaks Out
The actor’s family issued a statement to Us on January 31, 2019, stating, “Jussie was subjected to a violent and unprovoked attack. We want to make it clear that this incident was motivated by racial and homophobic hate. From the start, Jussie has provided the police with consistent details, and we remain hopeful that these individuals will be apprehended and held accountable for their actions.”
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Breaking His Silence
Breaking his silence on February 1, 2019, Smollett reassured his fans in a statement to Essence that he was coping "OK" and expressed gratitude for their support. Despite feeling frustrated and deeply concerned about the spread of inaccuracies and misrepresentations, he remained hopeful that justice would prevail. Referring to his family's statement, he emphasized that these cowardly attacks were not isolated incidents, but rather a widespread issue affecting individuals of all genders. While promising to address the details of the incident soon, he requested some time to process the trauma. Above all, he stressed the need to respond with love during times of hardship, emphasizing that love was an integral part of his identity that could not be extinguished.
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Return to Work
On February 2, 2019, the renowned Troubadour nightclub in West Hollywood witnessed a mesmerizing performance by the singer. Addressing the crowd, he expressed his determination, stating, "I felt compelled to be present tonight, everyone. I refuse to let [them] prevail. My unwavering support for love will always remain." The following week, a reliable source confirmed his return to the set of Empire.
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‘Good Morning America’ Interview
During his appearance on the February 14, 2019, episode of Good Morning America with Robin Roberts, Smollett provided a detailed account of his perspective. When questioned about his decision not to surrender his cellphone to the police, he cited personal files, intimate media, and contact information as reasons (“I have private pictures and videos and numbers”). Regarding the attack itself, he mentioned that although it felt like a longer duration, it actually lasted around 30 seconds. Furthermore, he expressed his desire to empower young individuals within the LGBTQ community, particularly young black children, emphasizing their strength and resilience.
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‘Empire’ Producers Deny He Was Being Written Off
ABC 7 Chicago released a report on February 14, 2019, suggesting that the attack on Smollett was orchestrated because his character, Jamal Lyon, was supposedly being written off Empire. However, case detectives have not confirmed this report, and it is deemed uninformed and inaccurate by Guglielmi, who clarified on Twitter. The producers of Empire also dismissed these rumors as absurd and stated their continued support for Smollett. Additionally, Fox released a statement on February 20, emphasizing Smollett's professionalism on set.
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Two Suspects Arrested and Released
On February 15, 2019, authorities apprehended Abimbola “Abel” Osundairo and Olabinjo “Ola” Osundairo, two brothers allegedly linked to the reported attack. They had been detained by police at O’Hare International Airport two days prior. Shortly after their arrests, the Osundairos, known for their minor roles on Empire, were released without charges and were subsequently cleared of suspicion.
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Hoax Reports Surface
On February 16, 2019, multiple news outlets including CNN reported that the brothers informed the police about being paid by Smollett to orchestrate the attack. Subsequently, Guglielmi confirmed to Us that the investigation's direction had changed based on the information provided by the individuals questioned earlier in the Empire case. Furthermore, the police expressed their intention to conduct another interview with the actor.
Smollett's legal representative retorted, "Jussie Smollett, a hate crime victim who has fully cooperated with the ongoing police investigation, is deeply angered and devastated by recent accounts linking the culprits to individuals known to him. He has been subject to further victimization, as these alleged perpetrators falsely attribute a role to Jussie in his own assault. Such claims are utterly false, and anyone asserting otherwise is deliberately spreading falsehoods."
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Robin Roberts Defends Interview
After Smollett faced allegations of orchestrating the attack, the news anchor shared her perspective on her interview with the actor. "When I sat down with Jussie on Tuesday night [February 12] in Chicago, it was his opportunity to publicly share his version of events," she stated on Good Morning America on February 18, 2019. "During that time, the police officers were validating his account, deeming it credible, and confirming his cooperation. All of this occurred prior to the interview being broadcasted on Thursday, only for us to subsequently learn about the involvement of the brothers."
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False Police Report Charge
Smollett became a suspect in the investigation on February 20, 2019, with official classification. Later in the day, he faced charges of felony disorderly conduct, as he had made a false police report. In response, Smollett's legal team stated their intention to carry out a thorough investigation and launch a robust defense.
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Taken Into Custody
Smollett was apprehended in the early hours of February 21, 2019, in Chicago. During a press conference, authorities alleged that the actor had orchestrated the incident due to dissatisfaction with his salary. Following the revelation, Fox issued a statement to Us, acknowledging the gravity of the situation and expressing their respect for the legal course. They further stated that they were evaluating the circumstances and examining their available choices.
Later that day, after a court hearing, Smollett was released on a $100,000 bond. In response, his legal team released a statement to Us, denouncing the orchestrated law enforcement spectacle that transpired, questioning its place in the American legal system. They emphasized the importance of presumption of innocence, a fundamental principle in the pursuit of justice. Resentfully, they highlighted the timing of the incident, which occurred on the eve of a Mayoral election. Smollett's legal team emphasized his impeccable character and integrity, vehemently maintaining his innocence. They felt betrayed by a system that seemed to disregard due process and rush straight to judgment.
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Back on Set
Following his release from jail, Smollett wasted no time in returning to the set of Empire. E! News revealed that the actor, known for his role in Mighty Ducks, had initially been slated to film for the entire week on the Fox series, but as a result of recent events, his part was significantly scaled back.
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No Longer a Lyon
On February 22, 2019, the producers of Empire, including Lee Daniels, Danny Strong, Brett Mahoney, Brian Grazer, Sanaa Hamri, Francie Calfo, and Dennis Hammer, issued a statement declaring that the actor would not be making an appearance in the final episodes of Empire season 5.
“The past few weeks have been incredibly emotional for all of us, as we reflect on recent events. Jussie has been an integral part of our Empire family for the past five years, and his importance to us cannot be overstated,” the show's team expressed. “While we find these allegations deeply troubling, we must put our faith in the legal system as the process unfolds. Moreover, we acknowledge the impact of this situation on our dedicated cast and crew members, who contribute greatly to our show's success. In order to ensure minimal disruption on set, we have made the decision to exclude the character 'Jamal' from the final two episodes of the season.”
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Sorry for Their Role
The Osundairos apologized on February 28, 2019, for their alleged complicity in helping Smollett orchestrate the incident. According to the brothers' attorney, Gloria Schmidt, in a statement to CBS Chicago, "My clients deeply regret their participation in this matter and are fully aware of the impact it has had on individuals throughout the country, especially minority communities and those who have been victims of hate crimes themselves."
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First Sighting Since Arrest
The Illinois native, accompanied by his brother Jocqui, sister Jurnee, a female friend, and two bodyguards, enjoyed a low-key night on February 28, 2019. This marked the first public appearance since his arrest. The group opted for dinner at Eddie V's Prime Seafood in Chicago, specifically in a private area situated towards the back of the restaurant. During the journey, Smollett made an effort to maintain a low-profile by pulling the hood of his jacket over his head.
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Indicted by Grand Jury
Us confirmed on March 7, 2019, that a grand jury indicted Smollett on 16 felony counts for filing a false police report. The charges stemmed from two separate interviews he had with authorities on January 29.
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In Court
On March 12, 2019, Smollett appeared at the Chicago Leighton Criminal Courthouse for a court hearing. Despite not being obligated to attend, his representative Anne Kavanaugh informed NBC News, “He will fulfill all necessary obligations and demonstrate utmost cooperation throughout the process.” During the hearing, it was decided that cameras would be permitted for the trial.
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Charges Dropped
Smollett's legal team, comprised of Tina Glandian and Patricia Brown Holmes, released a statement on March 26, 2019, declaring that "all charges against Jussie Smollett have been dismissed, clearing his record entirely." In their announcement, they emphasized Smollett's relief in putting this situation behind him and expressed his eagerness to refocus on his family, friends, and professional endeavors.
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Plea Deal Investigation
On March 27, 2019, an inside source informed Us that the FBI was conducting an investigation into Smollett's plea bargain. The source stated, "There is currently an active federal investigation to determine if there was any misconduct involved in the unusually favorable plea deal the actor obtained from prosecutors."
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Refusal to Reimburse Chicago
Us reported on April 4, 2019, that Smollett had no intention of repaying the city of Chicago the alleged expenditure of over $130,000 for the investigation into his attack. Consequently, the city's department of law revealed its plan to initiate a civil complaint against the actor, seeking complete compensation. In a letter obtained by Us, Smollett's legal team described the proceedings as flawed both in terms of facts and legality, asserting their unconstitutionality. Additionally, his attorney emphasized that Mr. Smollett would not be coerced into acquiescing to the demanded sum.
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Sued by Chicago
The City of Chicago initiated legal action against Smollett on April 11, 2019, in order to obtain monetary compensation, the amount of which will be determined during the trial. According to the documents acquired by Us, the city has additionally requested that Smollett be subjected to a $1,000 civil penalty for each purportedly false statement alleged by the city.
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Gone for Good
After Variety's report stating that Empire writers were "prepping" for Smollett's comeback in the musical drama's sixth and final season, co-creator Daniels took to Twitter on June 4, 2019, to refute the outlet's story. He posted a tweet countering the claim, stating, "This is not factual. Jussie will NOT be returning to Empire."
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A Special Prosecutor
Cook County Judge Michael Toomin, on June 21, 2019, issued an order for a special prosecutor to reexamine the investigation, citing concerns over state's attorney Kim Foxx's handling of the case. Subsequently, former U.S. Attorney Dan Webb was appointed to fulfill this role.
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The Write-Off
During the season 6 premiere on September 24, 2019, Taraji P. Henson's Empire character, Cookie Lyon, provided a brief explanation for her onscreen son's absence, telling Gabourey Sidibe's Becky Williams, "That boy ran off to London."
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Renewed Attention
Special prosecutor Webb brought forward six new felony counts of disorderly conduct against Smollett on February 11, 2020. Webb alleged that the actor was aware "that he was not the victim of a crime."
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Same Plea
Smollett entered a plea of not guilty on February 24, 2020, regarding the reinstated charges. In an attempt to halt the case, his lawyer, Glandian, informed Judge James B. Linn about their request to the Illinois Supreme Court. Glandian, speaking to reporters, expressed her client's evident frustration with having to endure this process once again.
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Taking the Stand
During his trial in December 2021, Smollett testified that he encountered Abimbola at a club while filming season 4 of Empire. He disclosed that the two visited a bathhouse and engaged in drug use, resulting in some physical contact.
In his own testimony that same month, Abimbola vehemently denied any intimate involvement with Smollett. He claimed that the actor, known for his role in Mighty Ducks, asked him to assist in staging a fake assault, a request Abimbola allegedly agreed to because he believed he owed Smollett for helping him secure a role on Empire.
Smollett further mentioned that he found Olabinjo's behavior unsettling during their encounters, expressing, "Whenever we were in his presence, he never spoke to me. Whenever we had to depart, he would create the illusion that we had to leave discreetly."
He went on to state, "He didn't appreciate my presence, but that's alright," Smollett remarked. "I have no significant relationship with him, so it doesn't bother me."
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Guilty
A jury found Smollett guilty of five out of six felony counts of disorderly conduct at the conclusion of his December 2021 trial.
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A Flawed 2019 Case?
On December 20, 2021, special prosecutor Webb released a 68-page report unveiling the "major failure of operations" committed by the Cook County State's Attorney's Office in the initial 2019 case of Smollett. Within the report, Webb highlighted a series of instances where State's Attorney Foxx and her colleagues made fraudulent public statements about the case during their initial prosecution of the actor.
According to Webb's findings, Foxx and her office's actions may have violated legal ethics, but they did not engage in any criminal activity. Webb provided detailed examples of instances where Foxx made false statements about Smollett's case before recusing herself in the summer of 2019.
For instance, Foxx made a statement to the media claiming that Smollett's case was dropped like thousands of similar cases in 2019. However, Webb's investigation concluded that this statement was untrue. Webb's report also criticized the fact that this significant mischaracterization was not properly vetted, and that it was repeated by officials in the Cook County State's Attorney's Office without any correction or clarification. Webb emphasized that such behavior is unacceptable for an office that should prioritize transparency and maintain public confidence.
The special prosecutor also pointed out that Foxx changed her public position about the strength of evidence against the star, which was “false and misleading.”
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Decision Day
Three months after being convicted of disorderly conduct, Smollett received a 150-day jail sentence. According to Chicago's WGN9, the actor received 30 months of probation upon his release and was also instructed to pay over $120,000 in restitution, along with a $25,000 fine.
Following the March 2022 ruling, a local news outlet reported Smollett stating, "I am not suicidal and I did not commit the crime."
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Released
Following a six-day stint in jail, Smollett was granted authorization to post a personal recognizance bond totaling $150,000. In order to pursue his appeal, he has agreed to make court appearances while his legal team handles the case. On March 16, 2022, he was observed departing from Cook County Jail in Illinois.
"We have voiced concerns about the unequal treatment of African Americans within the judicial system, regardless of one's opinion about this particular case," stated Nenye Uche, the attorney representing them. "While some individuals may believe that Mr. Smollett is guilty, I respectfully disagree. However, the crucial question to consider is whether Black men should be incarcerated for a class four felony. If you support such a notion, I must express my disappointment. This notion is not only disgraceful, but also fundamentally unjust.”
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Entering Rehab
Smollett reportedly entered an outpatient rehab facility after his release from jail in October 2023, as stated by multiple sources.
"In the midst of a challenging few years, Jussie has persevered silently and dedicatedly. We commend him for his proactive measures," stated Smollett's representative to TMZ at the time.