Jussie Smollett testifies at his trial: ‘There was no hoax’
ap photo In this courtroom sketch, actor Jussie Smollett takes the stand in his own defense on Monday at the Leighton Criminal Courthouse on day five of his trial in Chicago.
CHICAGO — Former “Empire” actor Jussie Smollett denied Monday that he staged an anti-gay, racist attack on himself, testifying at his trial that “there was no hoax” and that he was the victim of a hate crime in his downtown Chicago neighborhood.
Smollett, who faces charges that he lied to Chicago police about the January 2019 attack, sought to refute damaging testimony from two brothers last week. They said Smollett, who is gay and Black, orchestrated the hoax to get publicity, giving them $100 for supplies and instructing them to place a noose around his neck and yell homophobic slurs. They also said Smollett gave them a $3,500 check to carry it out.
Smollett testified that he wrote the $3,500 check to Abimbola Osundairo for nutrition and training advice. Asked by his defense attorney if he gave Osundairo payment for some kind of hoax, Smollett replied: “Never.”
Attorney Nenye Uche asked again if he planned a hoax.
“No,” Smollett said, “there was no hoax.”
He also said “absolutely not” when asked if he gave Osundairo and his brother $100 to pay for supplies for the fake attack.
Smollett told jurors he had just returned from a trip and was walking home after buying a sandwich around 2 a.m. on Jan. 29, 2019, when someone yelled a racist, homophobic remark. Smollett said he turned around to confront the person, who he said towered over him.
Standing up in the Chicago courtroom, Smollett demonstrated how he said the man walked quickly toward him, then pointed to his left temple to show where the man hit him.
“I would like to think I landed a punch. But I don’t know if it landed,” Smollett said. He said he slipped and they tussled on the ground for up to 30 seconds. Smollett said he saw a second person — who he believes kicked him on his side — as that person ran away.
Smollett said he assumed the person who attacked him was white because he used a racial slur and shouted “MAGA country,” an apparent reference to then-President Donald Trump’s campaign slogan, “Make America Great Again.” The brothers, Abimbola and Olabingo Osundairo, who are Black, testified last week that Smollett instructed them to yell “this is MAGA country” during the fake assault.
Smollett said he picked up his phone and told the person he had been talking to that he “got jumped.” He noticed he had a noose around his neck as he returned to his apartment. Smollett said he removed the noose but a friend who was at his apartment called police and told him to put the noose back on so officers could see it. Smollett said he was upset police had been called because he would never have done so.
“I am a Black man in America. I do not trust the police,” Smollett said. “I am also a well known figure at that time and I am an openly gay man.”
Smollett said after news broke that everyone — including Trump — had an opinion about what happened, and that he hated the attention.
“I’ve lost my livelihood,” he added.
Under cross-examination, Smollett said he refused to give Chicago police his cellphone for their investigation because he wanted his privacy. Asked by special prosecutor Dan Webb if he was concerned the phone would show several calls to Abimbola Osundairo, Smollett said no.
Smollett also testified that Osundairo told him about an herbal steroid that encourages weight loss but is illegal in the U.S. He said Osundairo told the actor he could get him some “on the low” — or secretly — while he was on an upcoming trip to Nigeria.






