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Jussie Smollett arrives at court for closing arguments in his 'hoax' race attack trial

Jussie Smollett was branded a 'serial liar' who 'without question' orchestrated a hoax attack in January 29, 2019, by hiring his friend and apparent sometimes lover Abel Osundairo, and his brother Ola to beat him up in an effort to boost his career. 

Special Prosecutor Dan Webb tore through Smollett as he addressed the jury, telling them the actor deliberately 'tailored' his testimony to avoid the truth and lied to them repeatedly under oath. 

'There is no question that Mr. Smollett is the person who orchestrated it. Mr. Smollett went on that witness stand and made many, many false statements to you. 

'He lied under oath to you jurors in the course of this trial,' Webb told the jury.

'He knew there was a substantial amount of evidence that showed he did exactly what the brothers said he did. And he knew there was surveillance and GPS evidence,' he said. 

Webb called it 'ridiculous' to suggest that the brothers, who were identified through evidence as being those on the street of the night of the attack, were there for any other reason. 

He also laughed off Smollett's claims that he was out on the streets looking for eggs. 

'Either he had plans to be there with the brothers or he likes eggs,' he said. 

The 39-year-old actor was pictured arriving on Wednesday surrounded by his family, who have supported him throughout. His mother Janet is shown, left, and sister Jurnee is shown, right

Smollett has arrived with his family every day for the trial. They say they believe him, and that he is the victim of a racist police force that didn't want to ever believe him 

Smollett holds hands with his mother Janet on his way into the courtroom on Wednesday morning 

He called Smollett's alleged lies 'heinous' and said it was 'downright wrong' to do what he is charged with. Smollett's attorneys will give their closing arguments later and the judge has set no limit on how long each side has.  


'We have proven this by overwhelming evidence, that in fact in January of 2019 Mr. Smollett in fact developed this plan to do a fake hate crime

'It’s just plain wrong for Mr. Smollett … to outright denigrate something as serious, as heinous, as a real hate crime, to denigrate it and then make sure it involved words and symbols that have such horrible historical significance in our country' 

'Mr. Smollett, when on that witness stand, took an oath he was going to tell the truth, and he made many, many false statements to you. 

'He lied under oath to you as jurors.'

'Smollett had this theory that saying it was whites who did this makes it more real... The Osundairo brothers are not white and you know that'

'Something else I would respectfully suggest is ridiculous...how was it he happened to be right at the intersection right at 2 a.m., when the brothers testified that’s what he told them?' 

'Either he had plans to be there with the brothers or he likes eggs'  

The 39-year-old actor was pictured arriving on Wednesday surrounded by his family, who have supported him throughout. 

He maintains his innocence and has offered different defenses throughout the trial; first, his attorneys said he was attacked by brothers Abimbola and Olabinjo Osundairo because they 'hated' who he was and are homophobic. 

Then they suggested that the pair wanted to scare him into thinking that he needed security, and that he'd hire them as his bodyguards.  

The brothers say Smollett paid them $3500 to carry out the attack so that he'd get more attention, and that he never intended for the case to be reported to police much less become a national scandal. 

The jury of five white men, five white women, one Hispanic woman and one black man will have to consider six counts of felony disorderly conduct. 

All are class four felonies, the least serious, and carry a maximum sentence of three years behind bars each, but attorneys say they don't think it's likely Smollett - who has no criminal record - will spend 'a day in jail.' 

On Tuesday, he became agitated with special prosecutor Dan Webb for repeating the N word aloud while reading private Instagram messages that Smollett had sent Abel Osundairo while flying from New York City to Chicago in the hours before the attack. 

He asked Webb not to use the word for the sake of 'every African American' in the courtroom. When Webb apologized, Smollett snapped: 'Apology accepted but it's been used a lot.' 

He refused to acknowledge that it was Abel and Ola who attacked him on January 29, 2019, saying he doesn't believe a word they say because they are 'liars', but he also admitted changing his description of his attackers from 'white' to 'pale' early on in the investigation because he thought it was 'the responsible thing to do.' 

Smollett repeatedly denied staging the attack and snarked at Webb during one line of questioning: 'I don't know. You'd have to ask someone who staged a hate crime.' 

Smollett also claimed that in the days before the stunt, when prosecutors claimed he and the brothers were rehearsing the attack, they were actually getting together to smoke marijuana.   

He maintains that he did think the pair were light skinned when they attacked him and that he couldn't see them both properly. 

He told the jury that he thinks they staged the attack on him to try to scare him into thinking he needed bodyguards, and to give them the job. 

Abel is shown outside court after testifying against Smollett last week. Olabinjo Osundairo, who goes by Ola, was not as close to the star. They told DailyMail.com at the trial that they weren't there out of malice or to seal his fate, but to tell the truth 

A court sketch of Abimbola Osundairo, aka Abel Osundairo, the brother Jussie partied with, shows him testifying against Smollett last week 

A court sketch of Jussie Smollett squaring off with prosecutor Dan Webb in court in Chicago on Tuesday as he took the stand for a second day 

The brothers, who testified last week, told the jury Smollett hired them to fake the attack because he wanted to boost his celebrity profile. 

On Tuesday, the actor insisted this was never the case and that he 'hates' attention. 

He said on Monday that he would never have involved the police because he doesn't trust them. 

'One, I am a Black man in America I do not trust police... I am also a well known figure and I’m openly gay. 

'I want to play a boxer, I want to play a superhero... the moment I got beat I become a f****t who got his ass whooped,' he told the court on Monday when asked why he didn't call the cops. 


Jan. 22, 2019

Smollett receives a racist and homophobic threatening letter at the studio in Chicago where "Empire" is filmed. Police later say they believe Smollett sent the letter himself.

The brothers said Smollett also sent himself this letter to the Fox studio where Empire is filmed a week before the attack. If he did, he faces another 5-10 years in prison on a federal mail fraud charge 

Police say Smollett cut his own cheek to make it look like he had suffered injuries in the attack

Jan. 29, 2019

Jussie Smollett tells police he was attacked by two men in downtown Chicago at 2 a.m. 

The actor says the men used racist and homophobic slurs, wrapped a rope around his neck and poured an "unknown substance" on him. 

Police say Smollett, who is Black and gay, told detectives the attackers also yelled he was in "MAGA country'

Jan. 30, 2019

Chicago police say they've reviewed hundreds of hours of surveillance camera footage, including of Smollett walking downtown, but none shows the attack. Police obtain and release images of two people they want to question, calling them 'persons of interest'

Feb. 1, 2019

Smollett issues a statement saying he's OK, that he's working with authorities and has been '100 percent factual and consistent on every level.'

Feb. 2, 2019

Smollett opens a concert in West Hollywood, California, with an emotional speech, saying he had to play the show because he couldn't let his attackers win

Police released this image of 'persons of interest' taken near the reported attack

Feb. 13, 2019

Chicago police pick up two Nigerian brothers at Chicago's O'Hare International Airport after police learn at least one worked on Empire

Police question them and search their apartment 

Jussie Smollett on Good Morning America on February 14, 2019 

February 20, 2019

Smollett is charged 

Feb. 21, 2019

Chicago police say Smollett surrenders to face a felony charge of disorderly conduct, punishable by up to three years in prison.

Chicago Police Superintendent Eddie Johnson says Smollett staged the attack because he was unhappy with his salary and wanted publicity. Investigators say they have a $3,500 check that Smollett used to pay the two brothers to help him.

Chicago Police Department Superintendent Eddie T. Johnson tore through Smollett at a press conference on Thursday where he labeled him 'shameful' and 'despicable' 

Jussie Smollett is shown in his mugshot in February 2019

Feb. 22, 2019

Empire producers say Smollett's character to be removed from the final two episodes of the season.

March 7, 2019

A Cook County grand jury returns a 16-count indictment charging Smollett with falsely reporting an offense

March 26, 2019

Smollett's attorneys say charges alleging he lied to police have been dropped.

March 28, 2019

A city official says Chicago is seeking $130,000 from Smollett to cover the cost of the investigation into his reported beating, which police say was staged.

Smollett's attorney Tina Glandian claims on TV that the attackers could have been wearing 'white face' and that's what made him describe them as light-skinned  

April 11, 2019

The city of Chicago files a lawsuit seeking to recoup the investigation costs.

Jussie Smollett's lawyer Tina Glandian suggested on Thursday that the reason he told police his Nigerian attackers were white was because they 'might have been wearing white face' and had disguised themselves. Her evidence of the theory is 2016 video of Abel Osundairo (right) dressed up as the Joker 

Cook County State's Attorney Kim Foxx  recused herself from the Smollett case

April 23, 2019

The brothers who said they helped Smollett stage the attack file a defamation lawsuit against the actor's attorneys.

Aug. 23, 2019

Judge names former U.S. Attorney Dan Webb as special prosecutor to investigate why charges against Smollett were dropped.

Feb. 11, 2020

Webb says grand jury returns six-count indictment against Smollett, accusing him of lying to police.

Feb. 24, 2020

Smollett pleads not guilty to restored charges.

Oct. 15, 2021

Judge James Linn denies a last-ditch effort to dismiss the criminal case against Smollett and sets his trial for Nov. 29.  

November 29, 2021: Jury selection begins