Actor testifies that attack ‘was no hoax’

‘Empire’ star claims to have paid one of his assailants for nutrition information

CHICAGO — Former “Empire” actor Jussie Smollett denied Monday that he staged an anti-gay, racist attack on himself in downtown Chicago, testifying at his trial that “there was no hoax.”

Smollett took the stand at his trial on charges he lied to Chicago police about the attack in an attempt to refute damaging testimony from two brothers last week. They said Smollett, who is gay and Black, orchestrated the January 2019 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.

But Smollett said he wrote the $3,500 check for nutrition and training advice from one of the brothers, Abimbola Osundairo, while he was going to be out of town, not as payment for Osundairo and his brother to carry out the attack.

Asked by his defense attorney if he gave Osundairo payment for some kind of hoax, Smollett replied: “Never.” He also said “absolutely not” when asked if he gave Osundairo and his brother $100 to pay for supplies for the hoax.

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 a trip to Nigeria.

Osundairo testified that Smollett sent him a text message — which the jury saw last week — about talking “on the low,” and that during the conversation Smollett asked him about helping to stage the attack. Smollett said Monday that message was in reference to the illegal steroid, and he used language Osundairo had used previously.

Defense attorneys have suggested the brothers, who are Black, were motivated to accuse Smollett of staging the hoax because they disliked him and then saw an opportunity to make money. They suggested that after the brothers, Abimbola and Olabingo Osundairo, were questioned by police about the alleged attack, they asked Smollett for $1 million each to not testify against him at trial.

Smollett’s lawyers also have argued that Chicago police rushed to judgment when they brought charges against Smollett, and suggested a third person may have been involved in the attack.

Smollett, 39, told the jury how he grew up in a closeknit family of six children and started performing as a child actor before getting more into music. He said he “came to terms with” his sexuality in his early 20s, when he got involved in charity organizations, including a group that fights AIDS in the Black community.

He said he auditioned for the role of a singer who is gay on “Empire” because he had never seen a Black man portrayed that way. By season five, Smollett said he was being paid $100,000 per episode.

Smollett said he met Abimbola Osundairo in 2017 at a club, where he learned Osundairo also worked on the set of “Empire.” He said the two men did drugs together and went to a bathhouse, where Smollett said they “made out.” Over time, he said the two men did more drugs and participated in sex acts together. Osundairo testified last week that he and Smollett didn’t have a sexual relationship.

Smollett testified that he met Abimbola’s brother, Olabingo, but that they didn’t speak and “he kind of freaked me out.” He said Abimbola Osundairo made it seem like they needed to “sneak off” when they were together around his brother. Smollett said he never trusted Olabingo Osundairo.

Prosecutors say Smollett staged the attack because he was unhappy with the “Empire” studio’s response to hate mail he received. The letter including a drawing of a stick figure hanging by a noose, with a gun pointed at it, and the word “MAGA” — an apparent reference to then-President Donald Trump’s slogan, “Make America Great Again.” The Osundairo brothers testified that Smollett told them to yell “this is MAGA country” during the fake assault.