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5:29 PM / Saturday February 4, 2023

23 Feb 2019

Police: ‘Empire’ actor staged attack to ‘promote his career’

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February 23, 2019 Category: Entertainment Posted by:

associated press

CHICAGO — “Empire” actor Jussie Smollett staged a racist and homophobic attack because he was unhappy about his salary and wanted to promote his career, Chicago’s police superintendent said Thursday.

Before the attack, Smollett also sent a threatening letter that targeted himself to the Fox studio in Chicago where “Empire” is filmed, Supt. Eddie Johnson said.

Smollett turned himself in and was arrested early Thursday to face accusations that he filed a false police report when he told authorities he was attacked in Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, police said.

“He took advantage of the pain and anger of racism to promote his career,” Johnson told reporters at a news conference.

“This publicity stunt was a scar that Chicago didn’t earn and certainly didn’t deserve,” he later added.

The whispers about Smollett’s account started with reports that he had not fully cooperated with police after telling authorities he was attacked. Then detectives in a city bristling with surveillance cameras could not find video of the beating. Later, two brothers were taken into custody for questioning but were released after two days, with police saying they were no longer suspects. Johnson said Smollett paid the brothers $3,500 to stage the attack.

Smollett turned himself in early Thursday to face accusations that he filed a police report when he told authorities he was attacked in Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, police said.

Smollett turned himself in at central booking, Chicago police spokesman Anthony Guglielmi said. Chicago police Superintendent Eddie Johnson was scheduled to hold a Thursday morning news conference to announce Smollett’s arrest and Smollett was expected to appear in court later in the day.

The whispers about Smollett started with reports that he had not fully cooperated with police after telling authorities he was attacked. Then detectives in a city bristling with surveillance cameras could not find video of the beating. Later, two brothers were taken into custody for questioning but were released after two days, with police saying they were no longer suspects.

Following three weeks of mounting suspicions, Smollett was charged Wednesday with making a false police report, a charge that could bring up to three years in prison and force the actor, who is Black and gay, to pay for the cost of the investigation into his report of a Jan. 29 beating.

In less than a month, the 36-year-old changed from being the seemingly sympathetic victim of a hate crime to being accused of fabricating the entire thing.

The felony disorderly conduct charge emerged on the same day detectives and the two brothers testified before a grand jury. Smollett’s attorneys met with prosecutors and police, but it was unknown what they discussed or whether Smollett attended the meeting.

In a statement, attorneys Todd Pugh and Victor Henderson said Smollett “enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked.”

The announcement of the charges followed a flurry of activity in recent days, including lengthy police interviews of the brothers, a search of their home and their release after officers cleared them.

Investigators have not said what the brothers told detectives or what evidence detectives collected. But it became increasingly clear that serious questions had arisen about Smollett’s account — something police signaled Friday when they announced a “significant shift in the trajectory” of the probe after the brothers were freed.

Smollett, who plays a gay character on the hit Fox television show “Empire,” said he was attacked Jan. 29 as he was walking home from a downtown Subway sandwich shop. He said the masked men beat him, made derogatory comments and yelled “This is MAGA country” — an apparent reference to President Donald Trump’s campaign slogan, “Make America Great Again” — before fleeing.

Police said one of the men had appeared on “Empire,” and Smollett’s attorneys said one of the men is the actor’s personal trainer, whom he hired to help get him physically ready for a music video. The actor released his debut album, “Sum of My Music,” last year.

Smollett was charged by prosecutors, not the grand jury. The police spokesman said the brothers appeared before the panel to “lock in their testimony.”

Speaking outside the courthouse where the grand jury met, the brothers’ attorney said the two men testified for about two and a half hours.

“There was a point where this story needed to be told, and they manned up and they said we’re going to correct this,” Gloria Schmidt said.

She said her clients did not care about a plea deal or immunity. “You don’t need immunity when you have the truth,” she said.

She also said her clients received money from Smollett, but she did not elaborate.

But several hours after Smollett was declared a suspect and the charges announced, there was little reaction from celebrities online.

Former Cook County prosecutor Andrew Weisberg said judges rarely throw defendants in prison for making false reports, opting instead to place them on probation, particularly if they have no prior criminal record.

Smollett has a record — one that concerns giving false information to police when he was pulled over on suspicion of driving under the influence. According to records, he was also charged with false impersonation and driving without a license. He later pleaded no contest to a reduced charge and took an alcohol education and treatment program.

Another prospective problem is the bill someone might receive after falsely reporting a crime that prompted a nearly monthlong investigation, including the collection and review of hundreds of hours of surveillance video.

The size of the tab is anyone’s guess, but given how much time the police have invested, the cost could be huge.

Weisberg recently represented a client who was charged with making a false report after surveillance video discredited her account of being robbed by three men at O’Hare Airport.

For an investigation that took a single day, his client had to split restitution of $8,400, Weisberg said. In Smollett’s case, “I can imagine that this would be easily into the hundreds of thousands of dollars.”

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