Defense beginning its closing arguments in the Jussie #Smollett trial.
Defense attorney Nenye Uche says the "elephant" of assumptions that was present at the start of trial has disappeared, to be replaced by doubt. He claims the prosecution's whole case is a "house of cards" that will crumble when pressured.
Uche says the prosecution's whole case relies on the Osundairo brothers being honest. Uche says they are not honest at all; calls them "the worst kind of criminal." "You have to have your guard up with them," he says.
"They're certified liars," Uche says of the Osundairo brothers. "They lied to the court, they lied to this jury."
He cites a discrepancy between Abimbola's testimony in court last week and his testimony to a grand jury in 2019: Last week Abimbola said the $3,500 check he received from Smollett was for the meal and exercise plan he assembled, as well as for the alleged hoax.
However, in 2019, he only said the check was for the meal and exercise plan.
Uche now moving on to the guns found in Abimbola's apartment, questioning why he would need a shotgun, long rifle and pistol.
Also questioning the soundness of the police's investigation into the Osundairo brothers - asking why investigator Michael Theis didn't look at Abimbola's apartment as a potential trap house, given that guns and drugs were found in it.
Uche continues laying into the Osundairo brothers, calling them "chameleons." He asks why, since Abimbola testified he did not have a sexual relationship with Smollett, he followed Smollett to a gay bathhouse. "I don't know, I really don't know," Uche says.
"The brothers were like wolves in a hen house," Uche says.
Moving on to the $3,500 check that Smollett wrote to Abimbola. Defense says it's suspicious that Abimbola testified that the check was for the excercise and meal plan he made for Smollett, but that he also "thought" it was payment for the alleged hoax.
Uche saying there are too many unknowns in the Osundairos' testimony to be considered reliable. "This is America, you don't convict someone because you think they did it, you prove it," Uche says.
Getting into the issue of the steroids from Nigeria. Defense says Smollett asking for help "on the low" from a Nigerian-American, to get a weight-loss steroid available in Nigeria, tracks with both Smollett's fitness ambitions and Abimbola's fitness trainer ambitions.
Uche now accusing the prosecution of using loaded language like "hiding" and ignoring relevant questions to lead the jury by the nose. Prosecution objects, but is overruled.
As an example of this supposed leading, Uche points out that Smollett may have been initially reluctant to turn over DNA evidence to the police, but later turned over DNA to the FBI - something the prosecution omitted in its closing arguments.
Uche now defending Smollett changing his report to police; from saying one of the people who allegedly attacked him was "white" to saying he saw "pale skin." Uche says this was just a responsible correction to what was an initial assumption on Smollett's part.
Uche again attacking Theis and the CPD detectives, for tolerating one of their number referring to Smollett's injuries as getting hit "in his pretty face" - implication being that the police may have had racist or homophobic bias against Smollett that affected the investigation.
Defense again trying to undercut the Osundairo brothers' honesty. "They're slick, they're conmen," Uche says.
"He's going to risk it all for a guy he doesn't know?" Uche asking why Olabinjo would agree to help carry out the alleged hoax, if by his own admission he and Smollett didn't know each other very well at the time.
Uche also pointing out that Smollett has lost work from the alleged hoax, calling in to question his motive for allegedly staging the attack.
Uche pointing out an inconsistency in the brothers' testimony - the two differed on whether Smollett allegedly told both of them to come up with slurs to yell at him, or whether he only told one of the brothers to do so.
Uche saying Smollett had not motive, in fact had an "anti-motive," to carry out an alleged hate crime. Points out that Smollett had an upcoming music video shoot and an important episode of Empire to film, for which he couldn't risk facial injuries.
Defense calls the prosecution's statement, that Dr. Robert Turelli testified that Smollett suffered no major injuries, a mischaracterization of that testimony. Turelli, Uche points out, was referring to Smollett's CAT scans and MRI, not his facial cuts and bruises.
Uche also arguing that the alleged hate crime, if it was a hoax, would strain believability. “He goes into Obama's city to pretend there’s Trump supporters running around with MAGA hats? Give me a break.”
Now bringing up Anthony Moore, the security guard at the Sheraton Grand Hotel who testified that he felt pressured to change his report to police.
Moore said on the stand that he saw two men run past him on the night of the alleged attack. He said he felt pressured by police to say that it was possible he only saw pale skin under a winter mask, when he initially said he saw a white man.
Uche also bringing up a car spotted in street cam footage that drove alongside the Osundairo brothers near the site of the alleged attack on Jan. 29. On the stand, investigator Theis says he did not investigate the car because the brothers left the scene in a cab.
Uche calls this bad detective work that throws the investigation into doubt.
Getting more into the mystery car. "Who is he?" Uche asks. "Why am I doing detective Theis' job for him?" he adds.
All of this, Uche said, casts the case into doubt. "This case is a crazy case." Uche now drawing a comparison between this case and John Adams defending British soldiers during their trial for the Boston Massacre. "Facts are a stubborn thing," he claims Adams said.
His point, Uche says, is not to compare himself to John Adams, but to support his claim that there are factual gaps in the prosecution's case which should bar a guilty verdict.
"I believe Mr. Smollett is absolutely innocent," Uche says, despite whatever hearsay or rumors may surround the case.
He compares building a successful case to return a guilty verdict to building a ship for a sea voyage. "We are on the island of the presumption of innocence," he says, and you don't want to travel on a ship with holes in it.
Defense getting ready to wrap up, but points out to jury that the Osundairo brothers have had a lot of time to perfect their stories, and that there is no "smoking gun" in the case; i.e., there is no footage of the actual alleged attack.
Going to end livetweeting here, as the defense is wrapping up. One last note: Uche presents a "Christmas Wishlist" for the jury, consisting of questions they should ask themselves while deliberating the case. Prosecution's rebuttal will follow.

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More from @djbyrnes1

10 Dec
Follow up on the #JussieSmollett trial: special prosecutor Dan Webb says he and his legal team worked this case pro bono. "We made the decision, if we're gonna do this, we're gonna do it for the public," Webb says.
He also clarifies the one count on which Smollett was found not guilty: it was a count of falsely reporting an aggravated battery. Specifically it was for the report he made to detectives two weeks after his initial report, that his attackers were wearing masks.
The press scrum around Webb is asking if Smollett should face perjury charges for lying on the stand. Webb says he'll bring it up at sentencing, but otherwise doesn't know.
Read 14 tweets
9 Dec
#BREAKING : #JussieSmollett has been found guilty on five counts of felony disorderly conduct, and not guilty of one count of felony disorderly conduct. The jury reached its verdict Thursday evening, Dec. 9, after more than nine hours of deliberation. @CourthouseNews
Presiding Judge James Linn is now thanking the jury for their service. "I can tell by the way that you deliberated... that you stayed as late as you did... that you took this very seriously."
No quotes from the jury tonight. "You are off-limits until you reach your car," Judge Linn tells them.
Read 6 tweets
9 Dec
#BREAKING A verdict has been announced in Jussie #Smollett's criminal trial in Chicago. The verdict will be read shortly. @CourthouseNews
It took the jury over nine hours of deliberation to reach its verdict. The verdict has not yet been read to the courtroom.
We're still waiting in the Cook County Criminal Courthouse for the jury to read the verdict. #JussieSmollett and his family have not yet entered the courtroom.
Read 4 tweets
8 Dec
Back at Cook County Criminal Courthouse for what should be the last day of Jussie #Smollett's criminal trial for allegedly staging a hate crime. Closing arguments from the lawyers are set for today, then the jury will begin deliberation.
Presiding Judge James Linn says he's not putting any time limits on the lawyers for closing arguments, which means they'll go as long as prosecutors and Smollett's attorneys think they need.
Linn is impressing on the jury that the state has to prove Smollett's alleged guilt "beyond a reasonable doubt."
Read 34 tweets
7 Dec
Back at the #Smollett trial. A little late this morning because the Cook County bureaucracy gods demanded a sacrfice in the form of an hour of my morning. Jussie Smollett is still on the witness stand. Prosecutor Dan Webb is still cross-examining him.
Webb is asking Smollett if there's any record that he canceled his scheduled morning work out with Abimbola Osundairo, the day after the alleged attack on Jan 29., 2019. Smollett says there isn't; that he was more preoccupied with other things.
Webb asking if Smollett recognized the voices of the people who allegedly attacked him when they shouted slurs at him, specifically if they sounded like the Osundairo brothers. Smollett says he doesn't know. "In that moment, it's not like I'm gonna go, 'Hey Bola, is that you?'"
Read 13 tweets
6 Dec
Cross examination of Jussie Smollett by the state prosecutors now starting. Prosecution asking Smollett if he just said he knowingly withheld useful evidence from the police. Smollett saying he wouldn't know, at least regarding what is "useful" evidence. #Smolletttrial
However, Smollett denies ever lying to the police. "I told them the truth, that I was the victim of a hate crime," he said.
Smollett claims that the news about one of his alleged attackers wearing a MAGA hat was a lie; a leak in the investigation that he says worried detectives as much as himself. Smollett denies ever mentioning a MAGA hat in his initial report to police.
Read 24 tweets

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