Please ensure Javascript is enabled for purposes of website accessibility Jussie Smollett's Legal Consequences - Pride Legal

In a world filled with racial and political turmoil, people like Jussie Smollett are always looking to pour more fuel on the fire for their own personal gain.

On March 8th, 2019, Jussie Smollett, a lead actor on the FOX television series Empire, was indicted by a Cook County grand jury on 16 felony counts of disorderly conduct for filing a false police report. After allegedly lying to police about being a victim of a hate crime, one count was placed on Smollett for every false statement he allegedly made to investigators, adding up to 16 counts in total.

In a radio interview with Channel Q, David Hakimfar, an attorney at Pride Legal expressed the significance of this being a trial by grand jury:

“Whenever [an individual] is charged with a felony…the state is required to show probable cause either before or after [the individual is] charged with a crime. In this case, the state went ahead and tried to show probable cause before Jussie was charged, through a grand jury. In a grand jury, the advantage [investigators] have in ensueing a probable cause hearing before the charges were filed is that [investigators] can get the testimonies locked in, [defendant and witnesses] are under oath, and Jussie’s defense team could not cross-examine the witnesses or the evidence.”

To top it off, these may not be the only counts Smollett will face. “If it is true that Jussie did, in fact, use a United States Postal Service to send that letter, he could be charged with mail fraud. That’s a 5 to 10-year charge,” Hakimfar continued.

Although these piled charges make it seem like we may not see Smollett for another decade, that may not be the case. “The judge can have these charges be served consecutively. This means that if he, for example, is charged with one 5 year sentence and another 3 year sentence, he could serve a total of only 5 years,” David explained.

To understand why this happened, let’s take a look at what happened:

The Letter

On January 22nd, 2019, a letter was received by the set of Empire. The letter detailed threats to Smollett himself, explicit hate language, and support for President Donald Trump.

The Alleged Attack

On January 29th, 2019, Jussie Smollett, a lead actor on the FOX television series Empire, claimed he was assaulted by two white men on his way home from purchasing a Subway sandwich at 2 AM that early morning. Smollett claimed these 2 men approached him in the freezing, snowy Chicago streets saying “Aren’t you that f*ggot Empire n*gger?”. The 2 men then viciously attacked Smollett, breaking his rib. They then placed a rope around his neck, poured bleach on him, and proclaimed, “This is MAGA country.”

Smollett then took himself to Northwestern Memorial Hospital, where he spoke with CNN reporter Don Lemon and confirmed the details of the incident. He explained that the combination of his race and homosexuality were the reason for his tragic attack.

The Reaction

An outpour of support and love for Jussie Smollett ensued after the alleged attack.  Fellow celebrities, civil rights groups, news networks, and even politicians reached out to Smollett over social media to offer their support.

The following are statements displaying support for Smollett:

Derrick Johnson, NAACP President and CEO:

“The recent racist and homophobic attack on the acclaimed actor and activist Jussie Smollett is troubling. The rise in hate crimes is directly linked to President Donald J. Trump’s racist and xenophobic rhetoric. It is dangerous for any society to allow a tone of divisiveness and hatred to dominate the political discourse. As this rhetoric continues to bleed into our everyday lives, dangerous behavior will continue to place many law-abiding individuals at risk. We pray for a full physical and mental recovery Jussie Smollett and many unnamed victims of this form of hate based terrorism.”

Lee Daniels, creator of Empire:

“No racist f––k can come in and do the things that they did to you. Hold your head up, Jussie. I’m with you, I’ll be there in a minute. It’s just another f–––––g day in America.”

Rep. Maxine Waters (D-CA):

“But we have to understand this is happening for a reason… It’s coming from the President of the United States. He’s a dog whistling every day. He’s separating and dividing, and he’s basically embroidering all the folks who feel this way…now they’re on it.”

Gathering Evidence

On January 30th, 2019, Chicago Police Department’s chief communications officer Anthony Guglielmi tweeted security footage of the alleged attack in hopes of finding the suspects.

Then on January 31st, 2019, the Smollett family responded to the alleged attack:

“We want to be clear, this was a racial and homophobic hate crime. His story has never changed, and we are hopeful they will find these men and bring them to justice.” After calling the attack “domestic terrorism,” they continued: “We want people to understand these targeted hate crimes are happening to our sisters, brothers and our gender non-conforming siblings, many who reside within the intersection of multiple identities, on a monthly, weekly, and sometimes even daily basis all across our country.”

A day later on February 1st, 2019, Jussie Smollett responded to the attack in a statement sent to Essence magazine:

“My body is strong but my soul is stronger. More importantly I want to say thank you. The outpouring of love and support from my village has meant more than I will ever be able to truly put into words.”

Two Suspects Arrested

On February 13th, 2019, two men were arrested in the incident. The two men were identified as Olabinjo and Abimbola Osundairo, brothers of whom of are Nigerian. Although evidence brought investigators right to their door, The Osundairo brothers did not match Smollett’s description.

After further investigation, investigators discovered that Olabinjo was an extra on Empire in 2015.

Suspicions Begin

Two days after their arrest, the Osundairo brothers were released from police custody and no charges were made against them. The next day, two reports were made to the Chicago Police Department, stating that Jussie paid the two men to participate in the staged attack.

Once released, the Osundairo brothers claimed that Jussie sent the letter to the set of Empire himself and orchestrated the attack once he saw the letter did not receive his ideal reaction.

Investigators now turned their focus on to Jussie Smollett himself.

Investigators Turn Focus

On February 20th, 2019, Guglielmi released the following statement on behalf of the Chicago Police Department:

“Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony). Detectives are currently presenting evidence before a Cook County Grand Jury.”

Then on the early Thursday morning of February 21st, 2019, Smollett arrived at the Chicago Police Department to turn himself in.

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