The former Empire actor, who was accused of staging a racist and anti-gay attack against himself, was found guilty of faking it.
The incident on January 29th in Chicago caused a whiplash of headlines after the actor told police that two men yelled racist and anti-gay slurs at him and tied a rope around his neck.
Police arrested two brothers who were former extras on the set of Empire, but they were released after investigators said there was new evidence. The two men were accused of staging the attack to get sympathy from the media.
Even though the police investigation led to the allegations, the initial charges were dropped by the Cook County State's Attorney's Office.
In February 2020, a special prosecutor unveiled a new grand jury indictment against the actor, charging him with six felony counts of disorderly conduct for making a false report to police. He was found not guilty of one of the counts.
Four of the counts were for making a false report of a hate crime, and two were for making a false report of a battery. Each count has a maximum sentence of three years.
He was found not guilty of disorderly conduct for making up a story.
After the verdict was handed down, Special Prosecutor Dan Webb praised the jury's decision to convict the actor of all but one of the charges that had been filed against him, and he blasted the actor for lying on the witness stand.
"I told the jury that the evidence was overwhelming that Mr. Smollett had lied to the police about the hate crime," he said. He lied to the jury and insulted their intelligence during the trial.
The jury deliberated for nine hours before reaching their verdict.
The two men who were initially arrested and accused of the attack were called to testify.
The woman testified that he wanted her to fake beat him up and that he approached them via text message. Osundairo told jurors that the man asked to be bruised and doused with bleach before being tied up. He claimed that the trio drove around the neighborhood the day before the attack to see where Smollet wanted it to go.
Osundairo said that the brothers were given $100 to buy supplies to suggest the attackers were supporters of former president Donald Trump.
The attack was real and the brothers' account was a ploy to escape charges for the assault, according to attorneys for the man.
The former Empire actor suggested that the two brothers may have had other motives.
Osundairo denied that he and Smollett had a sexual relationship.
The actor testified that Osundairo asked him about becoming his bodyguard after he received a threatening letter.
He told jurors that he never talked to the brothers about staging the attack.
Did you give him the check as a payment for the silly hoax? Nenye Uche asked the actor a question.
"Never," he said.
The $3,500 check given to Osundairo was for training to get in shape for a music video, not for staging the attack, as claimed by the man. The attack was carried out to get the brothers hired as personal security.
As for the text message asking for help on the low, he testified that he was asking the brothers for help getting an herbal steroid from Nigeria.
The police officers who handled the case pointed to inconsistencies in his story and rebutted his testimony.
The actor refused to give his cellphone to investigators in order to protect his privacy.
When asked why he didn't include a call to Osundairo in his phone records, he said police only told him to give them call records an hour before and after the attack.
In his closing arguments, he accused the actor of lying on the witness stand and said that he had "tailored his testimony" to fit the facts.
The actor was blasted by the man on Thursday, who said he "wrecked havoc on this city" with the faked attack.
The verdict provided answers to the city and vindicated the Chicago police officers who had investigated the case, he said.
After a person is convicted, perjury rarely follows, but that will change during the sentencing hearing.
"I don't think lying under oath is acceptable for a person accused of a crime," he said.
The Osundairo siblings were accused of lying and giving prepared responses like "robocop" by the attorney for the accusers.
Uche told jurors that the case was crazy. A lot of assumptions have been made. It's very difficult. You have the power. You are the ones to make a decision.
