#JussieSmollett is retaking the witness stand now.
Prosecutor Dan Webb is resuming his slightly folksy questioning, getting Jussie to admit that he drove around Lakeview with the Osundairo brothers, but deny that he recruited them in the hoax attack during the ride.
Smollett is answering in clipped tones. Leaning into the microphone as he says,"That’s what I said, yes." When asked about any hoax planning, he says "Absolutely not. That never happened."
Webb is working to an important point. If Smollett had picked up Abel to go workout, as he's testified, why did Ola get in the car, why did they drive all the way to Streeterville and just turn around and go back to the Osundairos' home?
Q: You got so stoned that you decided when you got to Streeterville you were too stoned to work out?
Smollett sounds slightly annoyed by the question. "No," he answers. "I've worked out many times high on weed. It certainly wasn't that."
Smollett says it was "weird" that Ola was with them and he had an interview set up so he decided to just scrap the workout plan.
He seems impatient with Webb's repeated questions about whether he's denying planning the hoax.
Webb shows surveillance video of Smollett's car circling the area where the attack occurred.
"You mean the intersection directly across from my garage?" Smollett retorts.
Webb tries to get him to agree he went past three times.
"I can’t tell you how many times it was," he says.
Webb: Do you have any reason to disagree with police testimony that you passed by the intersection three times?
Smollett: I don’t know. I circled around the block.
Webb: How long were you there?
Smollett: Well you have the surveillance, you have to tell me. It was three years ago
Webb asks Smollett about Instagram messages sent to Osundairo from NYC.
A: Mr. Webb, all due respect you don’t understand Instagram.
Webb: Look at me. I’m old. I don’t understand Instagram. Just answer my question.
Smollett accuses Webb of "misrepresenting" things to the jury
Testy back and forth going on here, with Webb interrupting Smollett and asking the judge to strike his answers as non-responsive. Judge Linn tells Smollett to listen to the question and don't ad lib. This is all over whether the Instagram messages were public or sent only to Bola
Webb shows him the next Instagram message: This is the second time you updated him about your flight status?
Smollett: Out of context, yes sir
Webb: I’m sorry, what?
A: Yes
Webb: Did you answer yes?
Smollett: Yes
Webb reads a text from Smollett with the word "nigga" and Smollett stops him and asks him not to say it out loud, "out of respect for every African American in the courtroom."
Webb apologizes, says why don't you read it instead. "Apology accepted but that’s been used a lot."
Another update message to Bola with the N-word. Webb says, "Why don you read it? I don’t want to mispronounce anything."
Smollett reads the text in question: "N---- finally made it just landed haha"
Smollett was attacked less than two hours later.
We are now on to the attack. Webb asks if he's denying that Smollett told Osundairo to do it right at the intersection near his building at 2 a.m.
Smollett: I’m saying that that’s a bold faced lie, yes.
You just happened to be there?
A: It's difficult to answer with a yes or no
Webb and Smollett now squabbling over whether he really believed the Walgreens was open 24 hours.
Smollett: How would I know that, Mr. Webb? I was not frequenting Walgreens in the morning for eggs. ...I’m under the impression that drug stores are 24 hours.
The entire tone of this cross is 180 degrees from yesterday. Smollett is on the defensive, annoyed. Webb keeps pressing him about the eggs. Smollett launches into a lengthy answer about diet and cleanses and such.
Webb: "Sir do you even remember what my question was?"
Webb asks if there were any messages with Osundairo mentioning a workout the night of the attack.
Smollett: No, but there’s also no messages about an attack and I’m on trial for an attack that I didn't do.
Webb moves again to strike as non-responsive.
When Linn directs Smollett to answer the question, Jussie turns to the judge and says "I’m just concerned about answering yes or no."
"Please, please," Linn says. "It’s the same for all witnesses, it’s not personal to you. The lawyer asks questions, you answer them."
Webb: Didn't you recognize Bola's voice when he yelled out "Empire n-----" during the attack?
Smollett: In that moment, I’m not going to stop and say hey Bola is that you? It was an attack. It happened fast.
Webb: Do you doubt the Osundairo brothers' testimony that they're the ones seen on surveillance?
Smollett: I doubt every word that they say.
Webb: So is that them?
Smollett: I just don’t know. They’re liars, so.. they also said I had something to do with it and that’s not true.
Smollett seems exasperated when asked if he testified his attackers "sounded" white.
"I never would say that they acted or sounded white." He says he made the "assumption" that they were.
"That would be racist to say that someone acted white or sounded white."
Webb still questioning Smollett on his description of one of his attackers as white. Smollett acknowledges he later changed that to "pale."
"I didn’t want to make the assumption that they were white. So I said let me change that and just say that they were pale skinned."
Smollett said it was the "responsible thing" to change his description. "They could’ve been a white person, they could have been a pale someone else."
Webb: Did you say 'white' to get more attention?
Smollett: You'd have to ask someone who actually did a fake hate crime.
Very subtle but important point raised by Webb in all of
this: After all their supposed planning over this delayed workout, there wasn't a single text message or call between Smollett and Osundairo the morning after the attack saying it had to be canceled.
Smollett upset after Webb asks him if "getting a few bruises" was really a big blow to his career.
"Mr. Webb, I have a scar under my eye that looks like a bag for the rest of my life," as well as a "black circle" on his face, Smollett retorts. "It’s absolutely a problem."
Webb then shows Smollett an image of him from the Robin Roberts interview a couple weeks after the attack. Smollett asks Webb if he knows what a Hollywood interview is like and that he was in makeup that "makes me look much better."
Webb's just letting him take the bait.
Webb appears to be done with his cross. We're on a quick break.

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More from @jmetr22b

8 Dec
Closing arguments are set to begin in less than an hour in #JussieSmollett’s trial on charges of reporting a phony hate crime. Judge Linn is known for keeping jurors deliberating late into the night if need be, so put on an extra pot of coffee…chicagotribune.com/news/criminal-… w/@crepeau
The judge has not said publicly if there are time limits on closing arguments, but 26th and Cal vets are guessing about 90 minutes total per side. So the jury should be getting the case later in the afternoon
Judge Linn just said there is no time limit on the lawyers for arguments.
Read 27 tweets
7 Dec
We are back at the #Smollett trial. Webb confirms he's finished his cross. Attorney Nenye Uche is on redirect.
Uche asking if Ola had shown up uninvited before, Smollett says yes, many times. "Let me clarify... uninvited by me," he says.
Smollett testifies that "tons" of his Instagram followers got his Instastory messages. Uche trying to reinforce that he was not giving Abel Osundairo private updates about his flight status on the night of the attack.
Read 12 tweets
6 Dec
///BREAKING/// #JussieSmollett has been called to testify in his own defense on charged he arranged a fake hate crime attack on himself.
Smollett is wearing a gray suit, maroon tie. Just got sworn in. Asked what he does for a living: "I am an artist."
Smollett is testifying in a quiet voice, occasionally smiling as he's asked about his family. His lawyer has to ask him to speak up. About a dozen family members are in the front rows of the gallery, including his mother and siblings.
Q: Did you grow up rich?
A: Goodness, no.
Read 25 tweets
6 Dec
We are back in the #Smollett trial. Next defense witness is Brett Mahoney, who worked on the "Empire" set.
Mahoney was the show's executive producer and later "showrunner," writing scripts and working with director and editors to put everything together for the studios. He worked directly with Smollett, including on episodes Jussie directed
Mahoney testifying about the threatening letter sent to the "Empire" set. "We were obviously all very upset about the letter. No one thinks that doing the job that Jussie was doing that he would be the focus of this hate mail."
Read 9 tweets
6 Dec
After a long in-chambers discussion, we're back and starting the morning testimony in the #JussieSmollett trial. Defense calls Anthony Moore, the security guard at Smollett's building.
Moore was making rounds near the Chicago Burger Company on the west side of the building on the night of the attack. He heard someone coming and saw what appeared to be a "white male" coming at him in a ski mask. "I startled him." He saw a second person too but not his face.
Moore says he saw a third person by the stairs on all fours "like he was looking for something."
Read 12 tweets

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