Jussie Smollett is going to have to face the music after claiming he was attacked by racist, homophobic MAGA supporters -- and the City of Chicago's claim he made it all up.
The former "Empire" actor is heading to trial next month -- this after a Cook County judge shot down JS's final attempt to have the criminal case against him tossed ... setting the stage for Jussie to face a jury of his peers over the 2019 incident.
January 2019
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Smollett's attorney tried convincing the court that his client's rights were being violated, seeing how the guy had already forfeited his $10,000 bond and done community service ... which served as the terms he struck with Cook County prosecutors to have the charges dismissed.
Per reports, the attorney noted Smollett had held up his end of the bargain, saying ... "A deal is a deal. That's ancient principle." Not so, according to the judge -- who noted a new set of circumstances arose when a special prosecutor reopened the case ... and charged Jussie anew.
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Because of that, the judge said he wouldn't tamper with the new case. As you know, Jussie faces charges of disorderly conduct for allegedly lying in the police reports about what happened to him.
As we've reported ... Jussie claimed he was jumped by two white males wearing red MAGA hats, who hurled racist and homophobic epithets at him ... poured bleach on him ... and then threw a noose around his neck. Jussie kept that noose on until cops arrived and got his story -- an interaction that their body cameras captured upon entering his Chicago apartment.
1/29/2019
As the initial investigation unfolded, police say they found that his so-called attackers weren't white at all -- they were two Black men, the Osundairo brothers, whom knew Jussie well from working on "Empire" ... and who confessed to staging the whole thing at Jussie's behest.
There's footage of the guys buying the supplies they used that night ... and even walking past Jussie at one point on the streets. The brothers claim Jussie paid them to set up the entire attack ... something he's denied entirely at every turn, defiant to prove his innocence.
Bryshere Gray -- known for his role as Hakeem Lyon on "Empire" -- has entered a guilty plea in his domestic violence case ... and he'll have to spend some time behind bars.
According to new legal docs, obtained by TMZ, Gray pled guilty to felony aggravated assault and, as part of his plea agreement, he's been sentenced to 10 days in county jail and 3 years probation.
As part of the deal ... Gray has also been ordered to pay restitution. He must also enroll in a domestic violence offender treatment program.
During his probation, Gray won't be allowed to consume any illegal drugs and he'll also have to submit to drug and alcohol testing. He's gotta stay out of trouble ... and he can't possess any stun guns, Tasers or any other kind of firearm.
He also must check in with his probation officer within 72 hours of being contacted by law enforcement and he needs written approval from police before associating with anyone who has a criminal record.
As we reported ... Gray was busted back in July following a standoff with SWAT at his home just outside of Phoenix. His wife flagged down a Good Samaritan and alleged Gray assaulted for several hours at their home.
Terrence Howard claims he's getting hustled because 20th Century Fox is using his likeness from "Hustle & Flow" to promote "Empire" ... so now he's suing the studio.
Terrence -- who played Lucious Lyon on all 6 seasons of "Empire" -- just filed a lawsuit claiming 20th Century Fox gave him the runaround when asked how it came up with the "Empire" logo ... since he never sat down for a photoshoot.
In the docs, obtained by TMZ, Terrence says he ultimately determined the image was taken from the "Hustle & Flow" scene where "It's Hard Out Here for a Pimp" is being recorded in a studio.
According to the docs ... Terrence says "the still frame was selected, reversed (face looking left, not right), and subjected to CGI that simply distilled the cinematographer’s skilled capture of the head with vibrant light and shadow” to make the 'Empire' logo.
Terrence is upset because he says he would have gotten paid by Paramount -- the studio behind "Hustle & Flow" -- if 20th Century Fox got a proper license to use his image from the movie. He's suing for damages and wants an accounting of all the Empire merch using the logo.
We've reached out to 20th Century Fox for comment, so far no word back.
Jussie Smollett still insists the alleged assault he suffered in January 2019 is not a hoax, but now says there's evidence to back it up ... and suggests there are forces working against him to keep the truth hidden.
The former "Empire" star opened up about the infamous "hate crime" that went down in Chicago -- more than a year and a half ago -- in a rare interview, because he's over staying quiet about the case.
Jussie tells activist Marc Lamont Hill he doesn't believe the City of Chicago or law enforcement will ever stop going after him, and he believes they are trying to make an example out of him ... even though he claims he didn't do what he's accused of doing.
Smollett blasts police for focusing on winning the case instead of trying to solve it based on truth, and hints there may be a conspiracy against him because of that. As he puts it -- law enforcement is willing to throw people under the bus, get people to lie, and switch the narrative based on their agenda.
As for the lack of video evidence of Jussie being attacked ... he claims it's out there. He also says there are 2 witnesses who can corroborate his story of seeing 2 white men -- one of them carrying a rope -- before he was attacked.
Smollett says this evidence has been buried by a bunch of lies and misleading information, but there's more. Jussie claims there's a tape that shows the action leading up to his alleged assault, but it cuts off right before it happens.
He doesn't say outright who may have doctored the tape, but strongly implies the Chicago PD may have had a hand in it.
To sum it all up ... Smollett says he now realizes he was set up from the beginning to look like he was lying, and he thinks it has something to do with "the MAGA of it all."
It seems Jussie believes if his alleged attackers hadn't yelled something suggesting they were Trump supporters, things would be different ... but he concedes he doesn't know that for sure.
What he does know for sure is he's done trying to convince people ... and the truth will eventually come out.
We broke the story ... on Wednesday, the City of Chicago requested the FBI hand over its records about the Bureau's probe into the "hate crime" and what may have led up to it.
So Jussie's right ... this case isn't going away anytime soon.
The City of Chicago wants a judge to force the FBI to hand over records of the Bureau's probe into the Jussie Smollettcase -- especially his claim he was the target of a racist and homophobic threat before the infamous alleged attack.
According to new docs, obtained by TMZ, the City wants to know what the FBI dug up related to a letter that was sent to Fox Studios in Chicago on January 22, 2019 -- a week before Jussie claims he was attacked. The letter contained an "unknown substance" and contained "racist and homophobic imagery and slurs" ... according to Jussie.
The City also wants the FBI records about the "attack" itself ... according to the docs. Basically, Chi-town officials want to know if the FBI uncovered any evidence about Jussie faking the threatening letter or his "attack."
What's interesting here is the docs show the FBI told the City disclosing any of the requested material would "reveal information acquired as part of an ongoing criminal investigation."
Bottom line is ... as of now the FBI is refusing to hand over its investigation results because it still hasn't closed the case.
You'll recall ... in the aftermath of Jussie's "attack," President Trump mentioned the FBI was looking into the situation.
The correspondence between the City and the FBI is part of the civil suit Chicago filed against Jussie for allegedly faking the attack. The goal is to force him to pay for the cost of its investigation -- and it's separate from the new criminal charges filed by the special prosecutor.
Jussie Smollett's alleged "attackers" picked up some of their possessions seized by cops over a year ago -- including a large gun -- but the judge said they still gotta wait for a couple more infamous items.
Abel and Ola Osundairo were granted permission by the court to get back many of their belongings no longer considered to be pertinent to Jussie's case ... including a shotgun, a safe, household supplies and their clothes.
However, according to legal docs ... authorities are still holding several items connected to the 2019 alleged fake attack on Smollett -- most notably a black face mask and a red hat.
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As you'll recall, the brothers were seen on security footage buying some of the items the day before the "attack" on Jussie.
The brothers' attorney, Gloria Rodriguez, says they both went to the Chicago PD evidence pickup spot earlier this month to get their stuff ... but left with less than they thought they'd get.
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As you can see ... Abel's carrying 2 gun cases, but we're told one is empty. That's because, according to Rodriguez, another shotgun was misclassified in the paperwork, but they hope to get that back soon.
Also, Rodriguez says there's a third firearm -- a 9MM -- the cops kept because it was in the brothers' safe. According to the legal docs, prosecutors and Jussie's defense are allowed to review the contents of the safe before they go back to Abel and Ola. The brothers did already get back the actual safe.
We're told Smollett's camp has not been given a chance yet to review the remaining safe items for his upcoming criminal trial.
As we've reported ... Jussie's still facing 6 felony counts for allegedly lying to cops.
Bryshere Gray -- famous for playing Hakeem Lyon on "Empire" -- has been busted in Arizona for domestic violence.
We've learned Bryshere was arrested early Monday morning in Goodyear, just outside Phoenix, after a standoff with a SWAT team and crisis negotiators, and he allegedly beat the hell outta his wife ... according to cops.
Goodyear PD says officers responded to a call to assist a woman at 10:15 PM Sunday night at a Circle K. Police and say the woman flagged down a good Samaritan for help and claimed her husband, Bryshere, assaulted her for several hours at their home.
Police say Bryshere's wife had numerous visible injuries on her body, and cops say she claimed Bryshere strangled her and she temporarily lost consciousness during the alleged assault.
While Bryshere's wife was being taken to a nearby hospital, cops say they went to the couple's home to try to contact the actor, but police say he refused to leave the home and barricaded himself inside.
After a SWAT team and crisis negotiators arrived, cops say the standoff finally ended around 7 AM when Bryshere surrendered to officers in front of his home.
Bryshere was taken into custody and booked into the Maricopa County Jail on 3 charges -- felony aggravated assault (strangulation), misdemeanor assault (domestic violence), and misdemeanor disorderly conduct.
Bryshere's wife was treated for her injuries and released from the hospital, according to police.
We reached out to Bryshere's camp ... so far, no word back.
One of Jussie Smollett's alleged attackers wants some personal belongings back from Chicago PD ... including some stuff that sounds like the exact items used that infamous night.
According to court docs, obtained by TMZ, Abel Osundairo had a number of personal items seized in February 2019 when cops executed a search warrant at his home ... and now he wants them returned.
Some of the seized items Abel wants are pretty interesting, because, if you've followed the case, this will sound familiar -- a black ski mask and a red hat. Yep, just a couple of the things Abel and his brother, Ola, allegedly bought and used on Jussie.
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You'll recall ... surveillance video days before the "attack" showed the Osundairos buying the gear. Remember, Jussie said his attackers were wearing ski masks, and cops seized red hats when they raided the brothers' residence.
January 2019
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Abel, who was released from custody without any charges being filed against him, also wants police to hand over a script from "Empire" recovered from his place. He and Ola had been extras on Jussie's hit show.
Other notable items Abel wants returned include 2 firearms, 2 iPhones and 5 bottles of bleach -- relevant, of course, to the alleged attack.
In the new docs, Abel's lawyer, Gloria Schmidt, says her client's "been patient but has now been deprived of his personal property for over a year and there exists no good cause for any further delay in returning his items to him."
Abel's gonna have to wait a little longer for a final decision. A judge is giving the special prosecutor in Jussie's case at least another week to figure out if handing over the stuff would prejudice the case in any way.
Jussie Smollett isn't out of the metaphorical woods regarding his alleged hoax "attack" in Chicago, but he's heading into actual woods for a hike with an old friend.
The ex-"Empire" star ventured out Wednesday morning in L.A. with Taraji P. Henson and his sister, Jurnee Smollett. It was kinda hard for the trio to keep a low profile with Taraji's bright red hair. She's been rockin' that 'do recently.
Anyway, all three looked pretty chummy as they walked the hiking path, and kept things Fauci-friendly during the trek with their face coverings.
If you're doing a double-take at seeing Taraji with Jussie -- who was written out of the show in 2019 -- you shouldn't be. TPH has been very vocal in her continued support for him ... even after show execs gave him the heave-ho.
Jussie Smollett's reacting to a dangerous byproduct of the nearly nationwide quarantine -- a spike in domestic violence -- by supporting a group he says is very dear to him.
The ex-"Empire" star says, sadly, safe-at-home orders in response to the COVID-19 pandemic have created unsafe domestic situations for many vulnerable women and children. We're told Jussie got word from a friend the Jenesse Center -- which aids victims of domestic violence -- had an influx of new emergency cases in recent weeks.
So, Jussie's now lending his support to the org, and encouraging others to do the same. We're told he's already donated money for welcome bags handed out to new families at the shelter.
He's also shouting out the Black AIDS Institute for its efforts to care for anyone who needs medical care right now and vows to keep supporting COVID-19 relief causes as well.
As we reported ... Smollett broke his social media silence a couple weeks back after 9 months of not posting anything and said he's looking to move on from the alleged racist attack in Chicago back in January 2019.
Of course, that's gonna be difficult with his pending criminal trial after getting recharged for allegedly lying to police about the attack.
Until then, he says his focus is on helping people and combating coronavirus -- or as he put it, the "ro-ro." You really gotta see it in his words though.
Jussie Smollett wants to move on from his alleged "attack" -- despite a pending trial -- and he's singing about it while on coronavirus lockdown.
Jussie just broke his social media silence Wednesday by singing and playing the piano. It's the ex-"Empire" star's first time posting anything in over 9 months, so this is a rarity.
Jussie sang Stevie Wonder's song, "A Place in The Sun." It's about moving on and finding a place in the sun where there's hope for everyone. Guess this is what's been on the top of Jussie's mind.
Seems Jussie considers his quarantine as dating way back to the alleged racist and homophobic "attack" ... because he says he's on day 421. We checked, and that marks the number of days since Jan. 29, 2019 ... when he made the allegation he was jumped in Chicago by 2 white men who yelled, "This MAGA country!"
Jussie also says ... "Hope y'all are staying safe. Spread love and kindness... not Rona."
February 2020
@LionsShareNews / Backgrid
Moving on won't be as easy as singing a tune ... remember, Jussie is gearing up for his new trial, and weeks ago he said "truth" will be his defense.
Jussie Smollet's alleged "attackers" Abel and Ola Osundairo are showing off their acting skills in a new sketch that's supposed to be comedic ... but really just looks weird as hell.
Our sources tell us, Abel and Ola recently shot the sketch as a way to showcase their acting chops and get back into the industry. We're told it's entitled "50 Shades of Black" ... but, no, it has nothing to do with the alleged racist attack on Jussie.
It's about the brothers having a good time with some lady friends -- who, as you can see in pics from the set, are scantily clad or simply naked with dark body paint. They planned to cut loose with the women, but apparently end up getting drugged.
Think 'Fifty Shades' meets "Hustlers."
Remember, Abel and Ola were extras on "Empire" and that's how they met Jussie. But, ever since they called him out -- alleging he hired them to pull off a phony attack -- they've had a hard time scoring gigs.
We can't vouch for how funny their new sketch will turn out, but it certainly LOOKS titillating. We're told the finished product will be released on YouTube and IG in the spring.
1:52 PM PT -- TMZ has obtained a copy of Jussie Smollett's motion to dismiss his new criminal case in Chicago, and he's basically arguing with a judge that he can't be tried again ... because he's already been penalized once before, which he thinks triggers double jeopardy.
UPDATE
In the docs, Jussie says when he forfeited his $10k bond as restitution to the city of Chicago a year ago when the OG charges were initially dropped ... that served as his official punishment. And, because it was recorded as his penalty, he believes he can't be tried again for the same alleged offenses.
UPDATE
A judge still needs to rule on his request.
UPDATE
9:11 AM PT -- The Osundairo brothers' attorney, Gloria Schmidt, just spoke to reporters apologizing for the brothers' involvement in the whole ordeal. She added the brothers are also willing to testify in the case.
UPDATE
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UPDATE
8:40 AM PT -- Jussie pled not guilty and his legal team filed a motion for the case to be dismissed. He's scheduled to be back in court March 18.
Jussie Smollett is back in a Chicago courtroom, and you've gotta see the ruckus his arrival created outside ... as his supporters made sure they were heard.
Jussie was flanked Monday morning by an entourage of about 10 people -- some of them family members -- as he made his way into his arraignment on 6 new felony counts of lying to cops. At least one photog went down in a heap at Jussie's feet while he tried to get into the courthouse.
In the video, you can hear Jussie's backers chanting, "What do we want? Justice! When do we want it? Now!!!"
We're expecting the ex-"Empire" star to enter not guilty pleas to all 6 charges in the new indictment, which calls the 6 charges "disorderly conduct," but all involve allegations of lying to cops.
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Interestingly, Abel and Ola Osundairo also showed up at court this morning. There's no reason for them to be at his arraignment -- we know they'll be testifying against Jussie, but that's weeks down the road.
As we reported ... the special prosecutor, Dan Webb, said Jussie "planned and participated in a staged hate crime attack, and thereafter made numerous false statements to Chicago Police Dept. officers."
You'll recall, Jussie claimed he was attacked in Chicago by 2 white men ... alleging the men put a rope around his neck and doused him with bleach. He claimed they also yelled racial and homophobic slurs. As the investigation unfolded, 2 black men -- brothers Abel and Ola Osundario -- were detained and they told police Jussie paid them to stage the attack.
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The special prosecutor effectively re-opened the controversial case nearly a year after Cook County prosecutors dropped all 16 felony counts against Smollett in March 2019. At the time, they called it a "just disposition and appropriate resolution," but not an exoneration.
Jussie's attorney, Tina Glandian, questioned the timing of the indictment. State Attorney Kim Foxx also questioned the timing. Jussie maintains he's innocent. If convicted, he faces up to 3 years in state prison.
Jussie Smollett's alleged accomplices in staging a hate crime are speaking on camera for the first time since Jussie was hit with felony charges again ... and they're practically pleading for him to come clean.
The Osundairo brothers -- Abel and Ola -- were leaving Fina Estampa restaurant in Chicago Friday afternoon when they opened up about Jussie ... and how they feel about the whole debacle.
Ola starts by telling us they are praying for Jussie to "build up the courage to finally tell the truth" ... clearly implying they're sticking to their story -- that it was all a hoax perpetrated by Smollett.
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Abel, who's walking with his brother and their lawyer, Gloria Schmidt, goes on to say the brothers feel remorseful for being involved in the incident and causing people pain ... especially real victims of hate crimes who may have been marginalized because of what they did.
As we reported ... Jussie's facing a new 6-count indictment for allegedly lying to law enforcement about his "attack" back in January 2019. He also still has to deal with the City of Chicago's lawsuit against him for around $500k in investigative costs.
The Osundairos have said they remain "fully committed to the public knowing the truth" and will cooperate with the renewed investigation, and tell us if that means testifying ... they'll do what needs to be done.
Donald Trump Jr. is back to taking shots at Jussie Smollett... questioning the alleged racist attack, and wondering why Jussie didn't come up with a more believable scenario.
We got the President's son Thursday in New York City and asked what he thought the proper punishment should be for Jussie if he's convicted of the new charges following a grand jury indictment.
Don Jr. says the entire case is terrible for the country and wonders what would happen to Jussie's attackers if his version of events turned out to be true. He seems to think they would have it worse than Smollett.
Don also pokes holes in Jussie's claim his 2 attackers pounced when he went out alone for Subway at 2 AM in sub-zero temperatures. As he put it, Smollett is a "decent actor" but a terrible writer. Translation: He believes Jussie scripted the whole thing.
Jr. sounds a lot like his father ... remember, Donald Trump ripped Jussie during a rally last April ... calling the case a "disgrace," and Jussie a "third rate actor."
At least Jr. upgraded him to "decent." Still, he thinks Smollett will get off easy.
Jussie Smollett now has a fight on his hands on 2 fronts, because the City of Chicago is not backing down from its lawsuit to recover the cost of investigating what authorities say was a fake "attack."
Multiple sources tell us, the City of Chicago could drop its case against Jussie to recover nearly half a mil but if he's convicted in criminal court the judge would almost certainly order restitution on behalf of the City.
Thing is ... it makes total sense for the City to press on with its lawsuit, despite the Special Prosecutor reinstituting 6 felony criminal charges against him. The standard of proof in a criminal case is way harder to meet than in a civil case. In a criminal case, the proof needs to be 99% solid against Jussie. In a civil case, it just has to be 51% - 49%.
Now, the new problem facing the City is that Jussie will almost certainly take the 5th against self-incrimination in the civil lawsuit because of the looming criminal case. In Illinois, if a defendant takes the 5th in a civil case, the judge can tell the jury it can conclude that person is hiding something.
One thing we know ... Abel and Ola Osundairo -- the 2 brothers who Jussie says attacked him -- will testify that the whole thing was a setup masterminded by Jussie.
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It's an interesting situation because Jussie has brought the Osundairo brothers in as a defendant in the City of Chicago's lawsuit, claiming they did indeed attack him. It's gonna be hard to prove that if he doesn't take the stand.
BTW ... The City of Chicago is playing coy, saying, "the City stands by our original complaint seeking to recover costs for Mr. Smollett's false statements." We pressed and asked if that meant the case will not be dropped and a City official refused to comment, but sources with direct knowledge say the lawsuit will proceed.