Jussie Smollett directed brothers to pour gas on him and yell slurs, prosecutor says

CHICAGO – "Empire" actor Jussie Smollett plotted an attack to make himself look like the victim of a brutal anti-black, homophobic crime, prosecutors said Thursday.

He scouted out the exact location with the two brothers he paid to stage the hoax, offered specific instructions on how he wanted to be beaten, and even gave them $100 to buy supplies used in the staged assault, prosecutors said.

The revelations came as Smollett made his first court appearance Thursday afternoon at a bond hearing following his early-morning arrest on a charge of disorderly conduct by filing a false police report.

Judge John Fitzgerald Lyke Jr. set Smollett’s bond at $100,000 and ordered him to surrender his passport. No plea was entered and the actor said little other than giving his name. Smollett posted bond late Thursday afternoon and walked out of the Cook County Jail without making comment to a phalanx of reporters.

Smollett, who is gay and black, told investigators he was beaten by two masked men who shouted racial and homophobic slurs, wrapped a rope around his neck in the fashion of a noose and poured bleach on him. He also told investigators that the men who attacked yelled, "This is MAGA country," a reference to President Donald Trump's 2016 campaign slogan.

Assistant State’s Attorney Risa Lanier said Smollett plotted the attack with the brothers, describing one of the men, Abimbola “Abel” Osundairo, 25, as a close friend of the actor's.

Lanier gave the prosecution's outline of the incident:

Three men met on Jan. 25 and planned the attack during a conversation in the actor’s car. The attack was originally planned for 10 p.m. CST on Jan. 28, but had to be pushed back a few hours because the actor’s flight from New York was delayed.

Smollett asked the other brother, Olabinjo Osundairo, to "place a rope around his neck, pour gasoline on him and yell, ‘This is MAGA country.' ”

He also initially directed the brothers to pour gasoline on him during the attack but later suggested they use bleach, Lanier said.

Smollett and the brothers met again on Jan. 27. The actor picked the men up from their home on the city’s North Side and drove them to the area near his apartment where he wanted them to stage the attack. A witness, an employee of nearby NBC News, saw it all go down.

The actor instructed the brothers not to bring their cellphones with them. That day he also wrote a $3,500 check to Abel Osundairo that was backdated to Jan. 23. 

He also gave them $100 to buy a ski mask, red hat and other supplies to be used in the attack, Lanier said.

“Smollett also stated that he wanted the brothers to catch his attention by calling him an ‘Empire' F, 'Empire' N,” Lanier said. “Smollett further detailed he wanted Abel to attack him, but not hurt him too badly and give him a chance to appear to fight back."

Prosecutors say texts between Abel Osundairo and Smollett show he also provided the drug ecstasy to the actor.

A half dozen people who were identified to the court as family members of Smollett watched the roughly 15 minute hearing.

Smollett, wearing a light black winter coat, watched intently as Lanier detailed the prosecution’s case. At moments, his mouth fell slightly agape as Lanier outlined what they think happened.

Judge Lyke was taken aback by the allegations outlined against Smollett even as he told the actor he has the presumption of innocence.

“The most vile and despicable part of it, if it’s true, is the noose," said Lyke, who is black. "That symbol conjures up such evil in this country’s history."

Jack Prior, a member Smollett’s legal defense team, said his client “vehemently denies” the charges and said that the case presented by prosecutors doesn’t jibe with the actor’s character.

He noted that in his five years living in Chicago, Smollett has become involved in philanthropy and volunteer work, even giving song-writing classes to detainees in the Illinois correctional system.

Smollett's defense team – which recently added Los Angeles-based celebrity defense lawyer Mark Geragos to assist with the case – later said in a statement: “Today we witnessed an organized law enforcement spectacle that has no place in the American legal system. The presumption of innocence, a bedrock in the search for justice, was trampled upon at the expense of Mr. Smollett and notably, on the eve of a Mayoral election. Mr. Smollett is a young man of impeccable character and integrity who fiercely and solemnly maintains his innocence and feels betrayed by a system that apparently wants to skip due process and proceed directly to sentencing.”

At a morning news conference, police detailed how the 36-year-old actor choreographed the attack in an attempt to raise his profile.

Police Superintendent Eddie Johnson, who is also African-American, said Smollett staged the Jan. 29 attack to look like a hate crime, to take "advantage of the pain and anger of racism to promote his career ... because he was dissatisfied with his salary."

Smollett has played Jamal Lyon on "Empire" since 2015. Fox said Thursday it is weighing its response. 

“We understand the seriousness of this matter and we respect the legal process," 20th Century Fox Studio and Fox Entertainment said in a statement. "We are evaluating the situation and we are considering our options.”

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Smollett could face up to one to three years in prison and substantial fines for disorderly conduct, a charge that "can mean, say, causing a scene in public,” Adam Citron, a former New York state prosecutor turned defense attorney said. “In Illinois the law prohibits specific acts that waste public resources or cause unnecessary public fear or stress, and one of those acts is making a false police report.” 

Smollett's initial status as a crime victim began to shift last weekend after police arrested and interviewed the Osundairos, who were originally identified as suspects after turning up in surveillance footage. They were seen running from the area, Commander Edward Wodnicki said.

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Police learned that the Osundairos, both U.S. citizens, had flown to Nigeria soon after the attack, so officers immediately arrested the men at O'Hare International Airport.

The brothers were held in police custody for nearly two full days, the maximum police can hold suspects without charging them, before they cooperated with investigators. Their attorney, Gloria Schmidt, told police the brothers were willing to give a video interview.

“It was at that time that this investigation began to spin in an absolutely new direction,” Wodnicki said.

Meanwhile, the FBI is also in preliminary stages of investigating Smollet's role in the threatening letter sent to him at the Chicago studio where "Empire" films.

The letter was sent on Jan. 22, one week before his alleged assault. He could potentially faced federal charges as well, investigators said.

Johnson called on Smollett to come clean. Police did not immediately have an estimate for how much was spent carrying out the investigation.

“Absolute justice would be an apology to this city that he smeared, admitting what he did and then be man enough to offer what he should offer up in terms of all the resources that were put into this," he said.

Contributing: Maria Puente, Carly Mallenbaum

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