Jussie Smollett found guilty of falsely reporting a hate crime

Melissa Mahtani Fernando Alfonso III
By Melissa Mahtani and Fernando Alfonso III, CNN
Updated 9:33 PM EST, Thu December 9, 2021
- Source: CNN " data-fave-thumbnails="{"big": { "uri": "https://media.cnn.com/api/v1/images/stellar/prod/211209185533-03-smollett-arrives-court-1209.jpg?c=16x9&q=h_540,w_960,c_fill" }, "small": { "uri": "https://media.cnn.com/api/v1/images/stellar/prod/211209185533-03-smollett-arrives-court-1209.jpg?c=16x9&q=h_540,w_960,c_fill" } }" data-vr-video="false" data-show-html=" Situation Room " data-byline-html="
" data-timestamp-html="" data-check-event-based-preview="" data-is-vertical-video-embed="false" data-network-id="" data-publish-date="2021-12-10T00:12:11Z" data-video-section="us" data-canonical-url="https://www.cnn.com/videos/us/2021/12/09/jussie-smollett-verdict-guilty-felony-tsr-sidner-vpx.cnn" data-branding-key="" data-video-slug="jussie smollett verdict guilty felony tsr sidner vpx" data-first-publish-slug="jussie smollett verdict guilty felony tsr sidner vpx" data-video-tags="arts and entertainment,celebrities,celebrity and pop culture,chicago,continents and regions,court trials,crime, law enforcement and corrections,crimes against persons,criminal law,criminal offenses,discrimination,disorderly conduct,hate crimes,illinois,jussie smollett,law and legal system,midwestern united states,misc criminal offenses,misc people,north america,sara sidner,societal issues,society,the americas,trial and procedure,united states,verdicts,violence in society" data-details="">
CHICAGO, ILLINOIS - DECEMBER 09: Former "Empire" actor Jussie Smollett arrives at the Leighton Criminal Courts Building to hear the verdict in his trial on December 9, 2021 in Chicago, Illinois. Smollett is accused of lying to police when he reported that two masked men physically attacked him, yelling racist and anti-gay remarks near his Chicago home in 2019. Smollett was found guilty in 5 of the 6 counts against him. (Photo by Scott Olson/Getty Images)
Jussie Smollett found guilty on 5 counts of disorderly conduct
03:07 - Source: CNN

What we're covering

  • Jussie Smollett has been found guilty of five counts of disorderly conduct for making false reports to police that he was a victim of a hate crime in January 2019. He was acquitted on one count of felony disorderly conduct.
  • The 12-person jury deliberated for more than nine hours over Wednesday and Thursday.
  • The former “Empire” actor was charged with six counts of disorderly conduct on suspicion of making false reports to police.

Our live coverage has ended for the day. Read the latest on Smollett’s case below.

13 Posts

Smollett's attorney says he "respectfully disagrees" with the verdict and will appeal

From CNN’s Alex Meeks

Nenye Uche, Jussie Smollett’s attorney, said he “respectfully disagrees” with the jury’s verdict, adding that he feels “100% confident” that Smollett’s case will be won on appeal.

Uche said Smollett is disappointed but emphasized that his team remains confident in Smollett’s innocence and said he is hopeful to get a “fair result” in appellate court.

CNN legal analyst: Smollett "exposed himself to jail time" with testimony

From CNN's Leinz Vales

A Chicago jury found Jussie Smollett guilty of five counts of disorderly conduct for making false reports to police that he was a victim of a hate crime in January 2019.

A disorderly conduct charge for a false crime report is a Class 4 felony and punishable by up to three years in prison and a $25,000 fine.

However, CNN legal analyst Joey Jackson said the judge could give the former “Empire” actor probation, but added that Smollett, “exposed himself to jail time,” when he testified in court.

Laura Coates, a former federal prosecutor, agreed with Jackson, saying Smollett’s testimony was a “miscalculation” by the defense team.

“So him taking the stand lead to?his exposure in the way Joey has?spoken about,” Coates said. “A judge is now looking at you,?taking everything you had to say?and assessing it.”

Special prosecutor calls the jury's verdict a "resounding message"

Special prosecutor Dan?Webb held a news conference following the five guilty verdicts against Jussie Smollett, calling the jury’s decision “a resounding message.”

The former “Empire” actor was found guilty on five counts of felony disorderly conduct for making false reports to police that he was the victim of a hate crime in January 2019.

Smollett was acquitted on one count of felony disorderly conduct.

Smollett took the stand and testified before the Chicago jury that he never lied to police and denied orchestrating the attack on himself.

Prosecutors sought to show that the actor made false reports to police after paying Olabinjo and Abimbola Osundairo to carry out a staged hate crime attack against him to garner sympathetic media coverage.

Smollett was acquitted on 1 of the 6 counts against him

(?Scott Olson/Getty Images)

Jussie Smollett has been found guilty of five counts of disorderly conduct for making false reports to police that he was a victim of a hate crime in January 2019.

He was acquitted on one count of felony disorderly conduct, related to making a false police report he was the victim of an aggravated battery to Det. Robert Graves.

Smollett was found guilty of these charges:

  • Count 1 – Guilty: Making a false police report he was the victim of a hate crime to Officer Muhammad Baig.
  • Count 2 – Guilty: Making a false police report he was the victim of a battery to Baig.
  • Count 3 – Guilty: Making a false police report he was the victim of a hate crime to Det. Kimberly Murray.
  • Count 4 – Guilty: Making a false police report he was the victim of a battery to Det. Kimberly Murray.
  • Count 5 – Guilty: Making a false police report he was the victim of a battery to Det. Kimberly Murray.

What happens next: A disorderly conduct charge for a false crime report is a Class 4 felony and punishable by up to three years in prison and a $25,000 fine.

Cook County Judge James Linn will have discretion in imposing a concurrent or consecutive sentence for each count at a later date.

Ola Osundairo sat expressionless as Smollett verdict was read

From CNN's Bill Kirkos

Ola Osundairo watched the Jussie Smollett verdict being read while sitting in the court overflow room.??

Sitting in front of a big monitor that carried the signal live from the courtroom, Ola sat quietly, without expression, while the verdict was read.?His expression never changed.?

About a minute after the verdict was read, while holding hands with a woman sitting next to him, Ola looked down at the floor for over a minute.

Bola Osundairo, his brother, was not at the courthouse as he is scheduled to fight in a boxing match in Louisiana tonight, according to his attorney Gloria Rodriguez.

Some context: Last week, brothers Bola and Ola?Osundairo testified that Smollett, who is Black and gay, directed and paid them to carry out a sham anti-gay and racist attack in order to garner sympathetic media coverage.

Their testimony, as well as that of five Chicago police investigators, formed the core of the prosecution’s case against Smollett.

Read more about how the case unfolded here.

Smollett appeared rigid and gazed straight ahead following reading of the verdict

From CNN's Omar Jimenez

Jussie Smollett appeared rigid after the verdict was read in court Thursday evening.

He did not move and was seen gazing straight ahead. His fingers were interlaced in his hands on the table straight in front of him.

Smollett didn’t look at his family, the judge, or anyone except for straight ahead in the direction of the jury.

The former “Empire” actor was?found guilty of five counts of disorderly conduct for making false reports to police that he was a victim of a hate crime in January 2019. He was acquitted on one count of felony disorderly conduct.

Jussie Smollett found guilty on 5 of 6 counts of felony disorderly conduct

From CNN's Omar Jimenez
(Jose M. Osorio/Chicago Tribune/Tribune News Service/Getty Images)

Jussie Smollett has been found guilty on five counts of felony disorderly conduct by a Chicago jury for making false reports to police that he was the victim of a hate crime in January 2019.

Smollett was also acquitted on one count of felony disorderly conduct.

Smollett took the stand and testified before the jury that he never lied to police and denied orchestrating the attack on himself.

Prosecutors sought to show that the former “Empire” actor made false reports to police after paying Olabinjo and Abimbola Osundairo to carry out a staged hate crime attack against him to garner sympathetic media coverage.

A disorderly conduct charge for a false crime report is a Class 4 felony and punishable by up to three years in prison and a $25,000 fine. Cook County Judge James Linn will have discretion in imposing a concurrent or consecutive sentence for each count at a later date.

NOW: Verdict being read in Jussie Smollett trial

The verdict is being read in the trial of Jussie Smollett.

The former “Empire” actor was charged with six counts of disorderly conduct on suspicion of making false reports to police that he was a victim of a hate crime in early 2019.

He has pleaded not guilty to all charges.

Jussie Smollett arrives at the courthouse

(CNN)

Former?“Empire” actor Jussie Smollett?has just arrived at the courthouse where a verdict will soon be read.

Smollett faces six counts of disorderly conduct for allegedly making false reports to police that he was a victim of a hate crime in early 2019. The?former “Empire” actor?has pleaded not guilty to all charges and has repeatedly denied making up or orchestrating the attack.

Jury deliberated for more than 9 hours before reaching a verdict

A verdict has been reached in the trial of Jussie Smollett, according to Mary Wisniewski, director of communications for the Office of the Chief Judge of the Cook County Circuit Court.?

The jury of six men and six women deliberated for more than nine hours, two hours on Wednesday and about seven hours on Thursday.

The trial, which began last week, stems from an incident nearly three years ago when?Smollett, who is Black and gay, told police?two men attacked him late one night by his Chicago apartment. The mystery suspects called him anti-gay and racist slurs, put a noose around his neck, poured bleach on him and exclaimed, “This is MAGA country,” he told police.

Smollett faces six counts of disorderly conduct for allegedly making false reports to police that he was a victim of a hate crime in early 2019. The?former “Empire” actor?has pleaded not guilty to all charges and has repeatedly denied making up or orchestrating the attack.

Jury has reached a verdict in the trial of Jussie Smollett

From CNN's Brad Parks

A verdict has been reached in the trial of Jussie Smollett, according to Mary Wisniewski, director of communications for the Office of the Chief Judge of the Cook County Circuit Court.?

The notice from the court did not specify an exact time the verdict will be read.

The panel of six men and six women began deliberating about 10:10 a.m. ET on Thursday. They deliberated for roughly two hours and 20 minutes on Wednesday.?

Smollett faces six counts of disorderly conduct for allegedly making false reports to police that he was a victim of a hate crime in early 2019. The?former “Empire” actor?has pleaded not guilty to all charges and has repeatedly denied making up or orchestrating the attack.

Here's some of what Jussie Smollett said during his testimony

From CNN's Omar Jimenez?and?Eric Levenson

Former?“Empire” actor Jussie Smollett?took the stand in his ongoing criminal trial Monday and Tuesday in a high-stakes attempt to rebut charges that he staged a fake hate crime and lied to Chicago Police about it in January 2019.

  • Smollett suggested the brothers – whom he knew from the “Empire” set – may have had other motivations at play: He said Abimbola Osundairo, who he called “Bon,” helped him get drugs, including cocaine. He also said a sexual relationship began to forge between the two at a particular Chicago bath house. One night the two were out, and Smollett testified they got a private room and “did more drugs and like, made out.”
  • What Smollett told jurors about his relationship with Abimbola Osundairo: He said the two snuck away from his brother after the three were at a female strip club together. Smollett testified they again got a private room and “made out a little bit, masturbated together.” In testimony last week, Abimbola Osundairo denied they had a sexual relationship and said he “didn’t know” there was even any sexual tension.
  • Smollett said he wasn’t friendly at all with Olabinjo Osundairo: “He kind of creeped me out,” Smollett told jurors. “Every time we were around him, he didn’t speak to me. Every time we needed to leave, he made it seem like we needed to sneak off.”
  • Smollett testified a “hate letter” was sent to the “Empire” set: After a “hate letter” was sent to Smollett in the mail at the “Empire” studio in Chicago on Jan. 22, 2019 – seven days before the alleged attack – Smollett said Abimbola Osundairo approached him about becoming his personal security guard, something the actor told the jury Osundairo had repeatedly asked him. Following the letter, Abimbola Osundairo began asking him more about the need for security, Smollett said. The actor described being annoyed at the idea of always having a security detail around him.
  • Smollett denied that the attack was a ‘hoax”: “Around lunch time I would smoke my blunt, drive around the neighborhood of the studios. I don’t want to be in someone’s car,” Smollett said. Smollett told the jury that while driving around with Abimbola Osundairo, there was never any discussion of planning a staged hate attack. “Did you talk to him about some hoax?” defense attorney Nenye Uche asked. “No,” Smollett shot back. “Did you give him the check as payment for some silly hoax?” Uche then asked.”Never,” Smollett said.

Some more context: Last week, brothers Abimbola and Olabinjo?Osundairo testified that Smollett, who is Black and gay, directed and paid them to carry out a sham anti-gay and racist attack in order to garner sympathetic media coverage. Their testimony, as well as that of five Chicago police investigators, formed the core of the prosecution’s case against Smollett.

The trial concluded Tuesday after 5 days of testimony and 14 witnesses

Testimony concluded on Tuesday in the trial of Jussie Smollett after the defense rested and prosecutors declined to call any rebuttal witnesses.?

During more than five days of testimony in the trial, jurors heard from 14 witnesses.

Judge James Linn told the court closing statements are scheduled to begin tomorrow morning.

The judge told jurors “the matter will be in your hands tomorrow” but not to make any assumptions about how long things would take from there.

“Maybe something short, something long, something in between,” Linn said. “We’re almost there.”

Smollett faces six counts of disorderly conduct for allegedly making false reports to police that he was a victim of a hate crime in early 2019. The?former “Empire” actor?has pleaded not guilty to all charges and has repeatedly denied making up or orchestrating the attack.