AP

‘Empire’ actor goes from victim to accused felon in 3 weeks

Feb 21, 2019, 5:57 AM

FILE - In this Aug. 8, 2017 file photo, Jussie Smollett participates in the "Empire" panel during t...

FILE - In this Aug. 8, 2017 file photo, Jussie Smollett participates in the "Empire" panel during the FOX Television Critics Association Summer Press Tour at the Beverly Hilton in Beverly Hills, Calif. Smollett, an actor on the TV series "Empire," is also an R&B musician who performed Saturday night, Feb. 2, 2019, at a concert in Los Angeles. Smollett, who is openly gay, says two masked men attacked him early Tuesday in Chicago in what police are investigating as a possible hate crime. (Photo by Willy Sanjuan/Invision/AP, File)

(Photo by Willy Sanjuan/Invision/AP, File)

CHICAGO (AP) — “Empire” actor Jussie Smollett turned himself in early Thursday to face accusations that he filed a false police report when he told authorities he was attacked in Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, police said.

Smollett turned himself in at central booking, Chicago police spokesman Anthony Guglielmi said. Chicago police Superintendent Eddie Johnson was scheduled to hold a Thursday morning news conference to announce Smollett’s arrest and Smollett was expected to appear in court later in the day.

The whispers about Smollett 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 brothers were taken into custody for questioning but were released after two days, with police saying they were no longer suspects.

Following three weeks of mounting suspicions, Smollett was charged Wednesday with making a false police report, 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.

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 felony disorderly conduct charge emerged on the same day detectives and the two brothers testified before a grand jury. Smollett’s attorneys met with prosecutors and police, but it was unknown what they discussed or whether Smollett attended the meeting.

In a statement, attorneys Todd Pugh and Victor Henderson said Smollett “enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked.”

The announcement of the charges followed a flurry of activity in recent days, including lengthy police interviews of the brothers, a search of their home and their release after officers cleared them.

Investigators have not said what the brothers told detectives or what evidence detectives collected. But it became increasingly clear that serious questions had arisen about Smollett’s account — something police signaled Friday when they announced a “significant shift in the trajectory” of the probe after the brothers were freed.

Smollett, who plays a gay character on the hit Fox television show “Empire,” said he was attacked Jan. 29 as he was walking home from a downtown Subway sandwich shop. He said the masked men beat him, made derogatory comments and yelled “This is MAGA country” — an apparent reference to President Donald Trump’s campaign slogan, “Make America Great Again” — before fleeing.

Earlier Wednesday, Fox Entertainment and 20th Century Fox Television issued a statement saying Smollett “continues to be a consummate professional on set” and that his character is not being written off the show. The series is shot in Chicago and follows a black family as they navigate the ups and downs of the recording industry.

The studio’s statement followed reports that Smollett’s role was being slashed amid the police investigation.

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 O’Hare Airport as they returned from Nigeria. Police questioned the men and searched their apartment.

The brothers, who were identified by their attorney as Abimbola “Abel” and Olabinjo “Ola” Osundairo, were held for nearly 48 hours on suspicion of assaulting Smollett.

The day after they were released, police said the men provided information that had “shifted the trajectory of the investigation,” and detectives requested another interview with Smollett.

Police said one of the men had appeared on “Empire,” and Smollett’s attorneys said one of the men is the actor’s personal trainer, whom he hired to help get him physically ready for a music video.

The actor released his debut album, “Sum of My Music,” last year.

Smollett was charged by prosecutors, not the grand jury. The police spokesman said the brothers appeared before the panel to “lock in their testimony.”

Speaking outside the courthouse where the grand jury met, the brothers’ attorney said the two men testified for about two and a half hours.

“There was a point where this story needed to be told, and they manned up and they said we’re going to correct this,” Gloria Schmidt said.

She said her clients did not care about a plea deal or immunity. “You don’t need immunity when you have the truth,” 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.

Referring to a published account of the attack, President Donald Trump told reporters at the White House that “it doesn’t get worse, as far as I’m concerned.”

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 — 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 anyone’s 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 O’Hare Airport.

For an investigation that took a single day, his client had to split restitution of $8,400, Weisberg said. In Smollett’s case, “I can imagine that this would be easily into the hundreds of thousands of dollars.”
___
Check out the AP’s complete coverage of the Jussie Smollett case.

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

AP

The steel frame of the Francis Scott Key Bridge sits on top of the container ship Dali after the br...

Nick Perry

Baltimore bridge collapse puts the highly specialized role of ship’s pilot under the spotlight

The highly specialized role — in which a pilot temporarily takes control of a ship from its regular captain — is coming under the spotlight this week.

9 hours ago

Shopping carts are parked outside a Home Depot in Philadelphia...

MICHELLE CHAPMAN AP Business Writer

Home Depot buying supplier to professional contractors in a deal valued at about $18.25 billion

Home Depot will buy SRS Distribution, a materials provider for professionals, in a deal valued at approximately $18.25 billion.

10 hours ago

WASHINGTON, DC - JANUARY 4: A view of the U.S. Supreme Court on Thursday morning January 4, 2024 in...

MARK SHERMAN

Supreme Court again confronts the issue of abortion, this time over access to widely used pill

Two years after the Supreme Court overturned Roe v. Wade and cleared the way for bans or severe restrictions on abortion in many Republican-led states, abortion opponents on Tuesday will ask the high court to ratify a ruling from a conservative federal appeals court that would limit access to the medication mifepristone, which was used in nearly two-thirds of all abortions in the United States last year.

3 days ago

File - The Instagram logo is seen on a cell phone in Boston, USA, Oct. 14, 2022. Instagram has star...

Associated Press

New Instagram feature limits display of political content

Instagram has started an automatic clamp down on the amount of political content appearing in its users' feeds.

4 days ago

ghost army Congressional gold medal ceremony...

JAMIE STENGLE Associated Press

Ghost Army members who staged secret WWII battlefield deceptions awarded Congressional Gold Medal

Three of the seven known surviving members attended the ceremony at the U.S. Capitol.

8 days ago

Brigham Young Cougars center Aly Khalifa (50) shoots against the UCF Knights at the Marriott Center...

DAVE SKRETTA AP Basketball Writer

BYU’s Aly Khalifa heads into March Madness without food or water while observing Ramadan

It is a fast Khalifa is embarking on willingly, yet one that carries with it unusual challenges during the NCAA Tournament.

8 days ago

Sponsored Articles

Mother and cute toddler child in a little fancy wooden cottage, reading a book, drinking tea and en...

Visit Bear Lake

How to find the best winter lodging in Bear Lake, Utah

Winter lodging in Bear Lake can be more limited than in the summer, but with some careful planning you can easily book your next winter trip.

Happy family in winter clothing at the ski resort, winter time, watching at mountains in front of t...

Visit Bear Lake

Ski more for less: Affordable ski resorts near Bear Lake, Utah

Plan your perfect ski getaway in Bear Lake this winter, with pristine slopes, affordable tickets, and breathtaking scenery.

front of the Butch Cassidy museum with a man in a cowboy hat standing in the doorway...

Bear Lake Convention and Visitors Bureau

Looking Back: The History of Bear Lake

The history of Bear Lake is full of fascinating stories. At over 250,000 years old, the lake has seen generations of people visit its shores.

silhouette of a family looking over a lake with a bird in the top corner flying...

Bear Lake Convention and Visitors Bureau

8 Fun Activities To Do in Bear Lake Without Getting in the Water

Bear Lake offers plenty of activities for the whole family to enjoy without having to get in the water. Catch 8 of our favorite activities.

Wellsville Mountains in the spring with a pond in the foreground...

Wasatch Property Management

Advantages of Renting Over Owning a Home

Renting allows you to enjoy luxury amenities and low maintenance without the long-term commitment and responsibilities of owning a home.

Clouds over a red rock vista in Hurricane, Utah...

Wasatch Property Management

Why Southern Utah is a Retirement Paradise

Retirement in southern Utah offers plenty of cultural and recreational opportunities. Find out all that this region has to offer.

‘Empire’ actor goes from victim to accused felon in 3 weeks