After almost three years of rollercoaster controversy, the trial of former “Empire” actor Jussie Smollett is slated to begin Monday morning with the questioning of dozens of potential jurors.
Smollett arrived at the courtroom of Judge James Linn shortly before 9:30 a.m., wearing a dark suit and a dark mask, with two supporters flanking him and holding both of his arms as he walked.
The case brings with it immense baggage, including what became a political crisis of sorts for Cook County State’s Attorney Kim Foxx and the appointment of special prosecutor Dan Webb to handle the case. But jurors will be tasked with determining a far narrower question: Did Smollett in fact orchestrate a phony hate crime on himself, then lie to police about being a victim?
Webb and his team walked into Judge Linn’s courtroom just after 8:30 a.m. Because of COVID-19-related capacity limits, journalists were relegated to the hallway outside for at least the first part of jury selection, during which Linn is expected to address the full panel of about 50 potential jurors.
Linn later said the media only would be allowed to listen to juror questioning from the hallway, but two pool reporters eventually were allowed to be present in the room.
In his opening remarks to the jury pool, Linn said he expected a jury to be empaneled and opening statements to begin Monday. He said he may let evidence continue until 7 p.m. before recessing for the day.
The trial is slated to last at least a week. Unlike during previous high-profile trials, the proceedings will not be livestreamed either online or to an “overflow” room.
By now the contours of the story are familiar: Smollett claimed he was walking home from a Subway restaurant one night in January 2019 when two men wearing ski masks attacked him, yelling racial and homophobic slurs and hanging a noose around his neck. One of his attackers appeared to be white, Smollett said. And in the midst of the assault, one assailant yelled “This is MAGA country,” a reference to then-President Donald Trump’s slogan.
His manager called the police, and officers responded to his apartment to find Smollett with the rope still around his neck. “I just wanted y’all to see it,” he told them.
The story grabbed international headlines — particularly after two brothers, Abimbola and Olabinjo Osundairo, told police that the attack had been faked. Smollett had persuaded them to stage the assault in hopes of catching the attention of his “Empire” bosses, the brothers said.
Smollett went from victim to suspect, and ultimately was charged with giving a false report to the police.
But in a stunning move, Cook County prosecutors quietly dropped those charges shortly after Smollett’s formal indictment, causing mass confusion and an outcry that ultimately led to a special prosecutor’s appointment. Webb, and his team brought a new indictment against Smollett in February 2020, just before the COVID-19 pandemic hit.
And on Monday, after COVID shutdowns have been eased and questions involving his legal representations have been resolved, the evidence against Smollett will finally get a public airing in court.
In the absence of objective smoking-gun evidence, the case will largely hinge on the credibility of the Osundairo brothers. They are the prosecution’s key witnesses, and are expected to tell jurors in great detail that Smollett recruited them and instructed them to orchestrate a phony attack.
By contrast, the defense is expected to argue that the brothers, working with at least one other person, attacked Smollett outright and then framed him to avoid being criminally charged themselves.
mcrepeau@chicagotribune.com
jmeisner@chicagotribune.com
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