Brothers Who Police Said Helped Jussie Smollett With Hate Crime Hoax Sue Actor’s Attorneys

Zachary Stieber
By Zachary Stieber
April 23, 2019US News
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Brothers Who Police Said Helped Jussie Smollett With Hate Crime Hoax Sue Actor’s Attorneys
Abel Osundairo (L) and his brother Ola Osundairo, in a file photo. The brothers were arrested in connection with the alleged attack on "Empire" actor Jussie Smollett but were released after reportedly telling detectives that Smollett paid them to stage the attack. (Team Abel/Instagram)

The Nigerian-American brothers who Chicago police officials said helped “Empire” actor Jussie Smollett carry out a fake hate crime have sued the actor’s attorneys.

Abel and Ola Osundairo have filed a lawsuit against Mark Geragos, Tina Glandian, and the Geragos & Geragos Law Firm.

The lawsuit alleges, “Smollett directed every aspect of the attack, including the location and the noose,” and that his attorneys defamed the brothers in statements to the media, according to the Chicago Sun-Times.

“Mr. Smollett used his clout as a wealthy actor to influence plaintiffs, who were in a subordinate relationship to him and were aspiring to ‘make it’ in Hollywood,” the suit stated.

Actor Jussie Smollett talks to the media before leaving Cook County Court after his charges were dropped, Tuesday, March 26, 2019, in Chicago. (AP Photo/Paul Beaty)
Actor Jussie Smollett talks to the media before leaving Cook County Court after his charges were dropped in Chicago on March 26, 2019. (Paul Beaty/AP Photo)

“Mr. Smollett’s motivation was simple. He wanted his employer and the public to notice and appreciate him as a successful black, openly gay actor. So, Mr. Smollett directed every aspect of the attack, including the location and the noose,” the suit stated.

The Osundairos’ allegations are backed up by the Chicago Police Department, which spent weeks investigating after Smollett claimed he was attacked by two white supporters of President Donald Trump on Jan. 29 around 2 a.m. in downtown Chicago during the polar vortex.

Police found that Smollett spoke to the brothers over the phone both before and after the attack and that he wrote them a check for $3,500, promising to pay them a further $500 later.

He also gave them money and instructions to buy gear for the attack, including red hats meant to look like “Make America Great Again” hats worn by supporters of Trump.

NTD Photo
A Make America Great Again, or “MAGA,” hat, on Jan. 22, 2019. (Samira Bouaou/The Epoch Times)

Smollett said on national television that he believed he was attacked because of his criticism of Trump.

But police later arrested the Osundairo brothers, who are black, and said that the brothers confessed to working with the actor to fake a hate crime.

Chicago Police Superintendent Eddie Johnson told reporters during a press conference on Feb. 21 that “This stunt was orchestrated by Smollett because he was dissatisfied with his salary.”

“Smollett took advantage of the pain and anger of racism to promote his career,” Johnson added.

Cook County State's Attorney Kim Foxx
Cook County’s State Attorney Kim Foxx speaks at a news conference in Chicago, on Feb. 22, 2019. (Kiichiro Sato/AP Photo)

A grand jury returned 16 felony counts against the actor for filing a false police report.

But people were shocked when State Attorney Kim Foxx’s office asked a judge to drop all the charges against the actor on March 26 in an unusual agreement that included no admission of wrongdoing. Smollett forfeited his $10,000 bond and did one day of community service, which Foxx’s office claimed was enough for what he allegedly did.

Cook County Assistant State Attorney Joe Magats, who said he made the decision, admitted that he thought Smollett was guilty.

Johnson and Chicago Mayor Rahm Emanuel said the charges shouldn’t have been dropped, with Emanuel calling it “a whitewash of justice.”

An Illinois prosecutors group said that prosecutors violated the law and said the agreement was “abnormal.”

Chicago Mayor Rahm Emanuel, right, and Chicago Police Superintendent Eddie Johnson appear at a news conference in Chicago, Tuesday, March 26, 2019, after prosecutors abruptly dropped all charges against "Empire" actor Jussie Smollett, abandoning the case barely five weeks after he was accused of lying to police about being the target of a racist, anti-gay attack in downtown Chicago. The mayor and police chief blasted the decision and stood by the investigation that concluded Smollett staged a hoax. (AP Photo/Teresa Crawford)
Chicago Mayor Rahm Emanuel (C), and Chicago Police Superintendent Eddie Johnson appear at a news conference in Chicago, on March 26, 2019. (Teresa Crawford/AP Photo)

“Prosecutors, defense attorneys, and judges alike do not recognize the arrangement Mr. Smollett received. Even more problematic, the Cook County state’s attorney and her representatives have fundamentally misled the public on the law and circumstances surrounding the dismissal,” the Illinois Prosecutors Bar Association said in a March 28 statement.

Smollett’s attorneys made a number of statements about the case after the charges were dropped. Glandian appeared on ABC on March 28.

When host Savannah Guthrie on Monday questioned how Smollett originally said his attackers were white, Glandian suggested the Osundairo brothers whitened their faces.

“I think obviously you can disguise that. You can put makeup on,” she said.

Asked how Smollett didn’t recognize the brothers’ voices after being on the phone with them shortly before meeting them in the street, she added: “People say this as if this is a regular interaction, if you’re walking in the street and somebody screams and before you can even process what they look like you’ve been punched in the face and next thing you’re on the floor and being kicked.”

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