CHICAGO (AP) — A jury reached a verdict Thursday in the trial of former “Empire” actor Jussie Smollett on charges he staged an anti-gay, racist attack on himself nearly three years ago and then lied to Chicago police about it.
The jury found Smollett guilty on five of six counts of disorderly conduct.
The jury deliberated about eight hours Wednesday and Thursday after a roughly one-week trial in which two brothers testified that Smollett recruited them to fake the attack near his home in downtown Chicago in January 2019. They said Smollett orchestrated the hoax, telling them to put a noose around his neck and rough him up in view of a surveillance camera, and that he said he wanted video of the hoax made public via social media.
Smollett testified that he was the victim of a real hate crime, telling jurors “there was no hoax.” He called the brothers “liars” and said the $3,500 check he wrote them was for meal and workout plans. His attorneys argued that the brothers attacked the actor — who is gay and Black — because they are homophobic and didn’t like “who he was.” They also alleged the brothers made up the story about the attack being staged to get money from Smollett, and that they said they wouldn’t testify against him if Smollett paid them each $1 million.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
The jury in Jussie Smollett’s trial on Thursday afternoon passed the eight-hour mark of deliberations on charges that the former “Empire” actor orchestrated a fake attack on himself, then lied to Chicago police about it. It was unclear if they would continue into the evening.
Jurors resumed deliberations Thursday morning after having the case for about two hours on Wednesday, when they also asked Judge James Linn for a copy of a calendar prosecutors displayed at trial. It indicated relevant dates, including that of the alleged attack and of what two brothers testified was a “dry run” for the Jan. 29, 2019, assault.
The jury had not asked any additional questions as of Thursday afternoon. Juries at the criminal courthouse have stayed late into the evening for previous trials, and Linn has said he will let the jury decide how late to stay. There was no indication from the court of how late the jury planned to stay.
In closing arguments on Wednesday, a prosecutor told jurors there was “overwhelming evidence” that Smollett staged the attack, then lied to police about it for publicity. His defense attorney said prosecutors’ case was based on lies.
Two brothers testified last week that Smollett recruited them to fake the attack near his home in downtown Chicago. They said Smollett, who is Black and gay, told them to put a noose around his neck, yell racist and homophobic slurs, and rough him up in view of a surveillance camera.
Smollett testified that he was the victim of a real hate crime, telling jurors “there was no hoax. ” He called the brothers “liars” and said the $3,500 check he wrote them was for meal and workout plans. His attorneys argued that the brothers attacked the actor because they are homophobic and that they made up the story about the attack being staged but said they wouldn’t testify against Smollett if he paid them each $1 million.
In his closing argument Wednesday, special prosecutor Dan Webb told the jury that Smollett caused Chicago police to spend enormous resources investigating what they believe was a fake crime.
“Besides being against the law, it is just plain wrong to outright denigrate something as serious as a real hate crime and then make sure it involved words and symbols that have such historical significance in our country,” Webb said.
He also accused Smollett of lying to jurors, saying surveillance video from before the alleged attack and that night contradicts key moments of Smollett’s testimony.
Defense attorney Nenye Uche called the brothers “sophisticated liars” who may have been motivated to attack Smollett because of homophobia or because they wanted to be hired to work as his security.
“These guys want to make money,” he said.
Webb questioned why Smollett didn’t turn over his cellphone to police or give them a DNA sample or access to his medical records to help with the investigation. Smollett testified he doesn’t trust Chicago police, and that he was concerned about his privacy.
“If he was a true victim of a crime he would not be withholding evidence,” Webb said.
Uche called it “nonsense” for Chicago police to ask Smollett for his DNA when he was still considered the victim of a crime. He noted Smollett later provided DNA to the FBI for a separate investigation into hate mail he had received at the “Empire” studio shortly before the alleged attack.
“He wasn’t hiding anything,” Uche said.
The disorderly conduct charge is a class 4 felony that carries a prison sentence of up to three years, but experts have said if Smollett is convicted, he would likely be placed on probation and ordered to perform community service.