By Don Babwin & Sara Burnett
CHICAGO (AP) --Former "Empire" actor Jussie Smollett was convicted Thursday on charges he staged an anti-gay, racist attack on himself nearly three years ago and then lied to Chicago police about it.
In the courtroom as the verdict was read, Smollett stood and faced the jury, showing no visible reaction.
The jury found the 39-year-old guilty on five counts of disorderly conduct — one count for each separate time he was charged with lying to police in the days immediately after the alleged attack. He was acquitted on a sixth count, of lying to a detective in mid-February, weeks after Smollett said he was attacked.
The charge is a class 4 felony that carries a prison sentence of up to three years, but experts have said if convicted, Smollett would likely be placed on probation and ordered to perform community service.
The damage to his personal and professional life may be more severe. Smollett lost his role on the TV program "Empire" after prosecutors said the alleged attack was a hoax, and he told jurors earlier this week that "I've lost my livelihood."
The jury deliberated for just over nine hours Wednesday and Thursday after a roughly one-week trial in which two brothers testified that Smollett recruited them to fake the attack near his home in downtown Chicago in January 2019. They said Smollett orchestrated the hoax, telling them to put a noose around his neck and rough him up in view of a surveillance camera, and that he said he wanted video of the hoax made public via social media.
Smollett testified that he was the victim of a real hate crime, telling jurors "there was no hoax." He called the brothers "liars" and said the $3,500 check he wrote them was for meal and workout plans. His attorneys argued that the brothers attacked the actor — who is gay and Black — because they are homophobic and didn't like "who he was." They also alleged the brothers made up the story about the attack being staged to get money from Smollett, and that they said they wouldn't testify against him if Smollett paid them each $1 million.
In closing arguments on Wednesday, a prosecutor told jurors there was "overwhelming evidence" that Smollett staged the attack, then lied to police about it for publicity. His defense attorney said prosecutors' case was based on lies.
Special prosecutor Dan Webb told the jury that Smollett caused Chicago police to spend enormous resources investigating what they believe was a fake crime.
"Besides being against the law, it is just plain wrong to outright denigrate something as serious as a real hate crime and then make sure it involved words and symbols that have such historical significance in our country," Webb said.
He also accused Smollett of lying to jurors, saying surveillance video from before the alleged attack and that night contradicts key moments of Smollett's testimony.
Defense attorney Nenye Uche called the brothers "sophisticated liars" who may have been motivated to attack Smollett because of homophobia or because they wanted to be hired to work as his security.
"These guys want to make money," he said.
Webb questioned why Smollett didn't turn over his cellphone to police or give them a DNA sample or access to his medical records to help with the investigation. Smollett testified he doesn't trust Chicago police, and that he was concerned about his privacy.
"If he was a true victim of a crime he would not be withholding evidence," Webb said.
Uche called it "nonsense" for Chicago police to ask Smollett for his DNA when he was still considered the victim of a crime. He noted Smollett later provided DNA to the FBI for a separate investigation into hate mail he had received at the "Empire" studio shortly before the alleged attack.
"He wasn't hiding anything," Uche said.
The disorderly conduct charge is a class 4 felony that carries a prison sentence of up to three years, but experts have Smollett would likely be placed on probation and ordered to perform community service.
“Scandal” cast will reunite for online script reading for hurricane relief in western North Carolina
The cast of ABC's hit political drama "Scandal" may need to brush up on their snappy, speedy delivery known as "Scandal-pace," because they're reuniting for a good cause. Its stars including Kerry Washington, Tony Goldwyn and Bellamy Young will take part in a live virtual script reading on Nov. 17 to raise money for hurricane relief in western North Carolina.
Beginning Friday, fans can go online and donate to reserve a spot for the online reading. Proceeds will benefit United Way of North Carolina. Everyone who donates will be able to take part in a virtual pre-event with the cast and Shonda Rhimes will give an introduction.
Additional guest stars will also be announced. The online fundraising platform Prizeo is also holding a contest where one person who donates online via their site will be selected to read a role from the script with the actors. The winner should not worry about the "Scandal"-pace, assured Young over Zoom.
"Whomever the lucky reader is can read at whatever pace they want," she said.
Young, who played Mellie Young, the first lady and later Republican presidential nominee on "Scandal," was born and raised in Asheville, North Carolina. She came up with the idea for the effort with a friend and took it to her fellow "Scandal" actors, who all jumped on board. Young said this is the first script reading the cast has all done together since the show ended after seven seasons in 2018.
Which episode they will be reading has not been announced yet.
Young said it's "been devastating" to see so many parts of her hometown badly damaged by Hurricane Helene, which ravaged western North Carolina one month ago.
To research the best use for donations, Young spoke with numerous political leaders, including North... Read More