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.
Webb: This case is relatively simple. Smollett "falsely reported a fake hate crime to the Chicago Police Department as a real hate crime ...We have proven this by overwhelming evidence."
Webb: Not only is what Smollett did a crime, "beyond that it’s just plain wrong to just outright denigrate" something as serious as a hate crime, and "then to make sure it had words and symbols" emblematic of this country's racist past
Webb says they have overwhelming evidence corroborating what the Osundairo brothers told police, and that Smollett "tailored his testimony" to fit what he couldn't deny, like surveillance footage, and lie about the rest
Webb said Smollett lied when he testified that to this day he does not know who attacked him. "That is false testimony," he says.
"I don’t think there can be any doubt in anyone's mind who sat through this evidence that is was the Osundairo brothers, who are black, who attacked him," Webb says. Smollett's story that they were white was all part of the hoax, he says.
"If I say it was whites, that makes it more real," Webb says. "It gives it more credibility (that it was a hate attack)"
Webb now showing jurors a list of what he says are six key pieces of evidence "that destroy" Smollett's story about what happened. First is withholding evidence:
"I'm telling you if he is the true victim of a crime then he would not be withholding evidence from the police."
Webb said Smollett refused to turn over his cell phone because it would show he was in recent communication with one of the brothers who was in on the hoax. "The last thing Mr. Smollett wanted was for police to reach out to Bola Osundairo."
Webb says Smollett refused to turn over his limited medical records because he didn't want police "poking around" and finding out that his injuries weren't serious. "He knew that they had pulled their punches. He knew his injuries weren't serious. So he said 'No.'"
Next key, Webb says, is that Smollett refused to give a DNA sample. (Smollett testified he was a private person.. "I won't even go on Ancestry.com). "This evidence is extremely powerful that he knew he had planned out a fake hate crime."
The way the rope was put around Smollett's neck, Webb says, also destroys his credibility. He's showing jurors the surveillance image of the rope loosely around his neck shortly after the attack. By the time police get there, the rope is closer to his throat.
"His so called explanation for jimmying with the rope got blown out of the courtroom yesterday," Webb says. "If he was innocent, the real victim of a hate crime, why would he be jimmying and monkeying around with the rope? He made it look worse, and he got caught."
Webb ridicules Smollett's story that he an Bola were going to work out the morning of the attack, and that's why he was texting him. Yet there was no evidence after the attack the workout was ever canceled. "That workout story was a bunch of hooey, not true at all," Webb says.
Webb brings up the text of "support" Smollett sent to Abel Osundairo when he was in custody. "He wants the brothers to think we can keep our mouths shut. Mr Smollett is gonna keep his mouth shut and no one will ever know what happened," Webb says.
Webb says Smollett's whole defense was just to try to dirty up the Osundairo brothers, asking Bola, "Oh you're a bad guy and you bought drugs for Smollett." Bola also "had a right to buy guns and he ha a card to legally have those guns."
And the attempt by the defense to show that "somehow the brothers are homophobic" had nothing to do with the evidence in the case, Webb says.
Webb: "The police really busted their rears for this hoax."
Police spent thousands of man hours knocking on doors, reviewing surveillance video, interviewing cab drivers, and the defense says "all this is is a rush to judgement by the Chicago police Department," Webb said. "And that's not fair."
Webb says he's "running out of time" and is going to wrap up. The judge told him there were no time limits, but I think he's hit the right notes.
Webb has finished. Taking a short recess
Smollett's attorney, Nenye Uche, is starting by talking about "the elephant in the courtroom," which is assumptions.
Uche: 'The entire prosecution case was built like a house of cards, and we all know what happens to a house of cards when you apply a little pressure. It crumbles."
Uche says cops were in such a rush to judge Smollett that they ignored the fact that the Osundairos had heroin and guns in a safe in their home. "Are you kidding??"
Uche: This is a crazy case, so we’re breaking it down in chapters.
He's also likened it to an "African prince scam" ... "Don't fall for it," he says.
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Uche has been going for a little over an hour. After he brought up the $2 million that Smollett testified the Osundairos wanted to keep quiet, prosecutors objected.
"The jury heard what the evidence was and what the evidence wasn’t on that," Linn says.
Uche brings up the security guard: "The witness tells you in an American courthouse he was pressured and threatened to change his story and say 'I did not see a white person.' What in the world is going on?"
Uche keeps striking high-minded notes about the country’s jurisprudence, like “This is the way we convict in America?” and “A witness tells you in an American courthouse….”
It’s helpful to remind oneself every so often that this is a Class 4 disorderly conduct case.
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.
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."
///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.
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."
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."