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How TV star Jussie Smollett's ‘race attack' hoax that rocked tinderbox US was exposed by clues including a sandwich bag

How TV star Jussie Smollett's ‘race attack' hoax that rocked tinderbox US was exposed by clues including a sandwich bag

Scottish Sun5 hours ago
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AS the star of hit drama Empire, Jussie Smollett was at the height of his fame in 2019 and was becoming a household name across the globe.
But the actor's world came crashing down after he claimed he had been the victim of a hate crime, attacked by two white men in the street who punched and kicked him, using racial and homophobic slurs before tying a noose around his neck.
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Jussie Smollett in hospital after alleging he was the victim of a racially-motivated attack
Credit: Twitter
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Jussie Smollett (centre) with Empire co-stars Terrence Howard, Bryshere Gray, Trai Byers and Taraji P. Henson
Credit: Handout
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Jussie was eventually jailed over the claims
Credit: The Mega Agency
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CCTV footage released by Chicago Police shows two 'people of interest' in the 'attack'
Credit: AP:Associated Press
The horrifying 'attack' sent shockwaves around the world, coming at a time of racially-charged tensions and claims of police corruption in Chicago, where Smollett alleged the incident took place, and other cities across America.
Messages of support for the actor, now 43, flooded in from celebrities and even President Donald Trump, with cops put under huge pressure to solve the case.
Josie Duffy Rice, a criminal justice journalist, says: 'You don't put a noose around anybody's neck for any other reason than they are black. Lynching is coming back, right? That was the undertone. It felt like a threat against anybody black.'
Melissa Staples, former chief of detectives at Chicago Police, adds: 'That is something I have never come across in an investigation in 30 years. I thought it was very disturbing, I thought it was repulsive.'
But police soon established an astonishing twist in the tale, suspecting that the attack had not happened at all and was in fact a hoax staged by Smollett himself and two friends.
Now a new Netflix documentary breaks down how the scandal was exposed by a breadcrumb trail of clues including a sandwich bag, while those involved in the case - including Smollett, who astonishingly maintains his innocence - put forward their sides of the story.
Smollett - who played pop star Jamal Lyon in Fox drama Empire - says: 'Those moments changed the trajectory of my entire life.
"My story has never changed. My story has remained intact.
"Trust me there have been people who have come to me and said 'just say that you did it'.
"But why would I say that I did something if I didn't do it?'
Jussie Smollett's conviction for fake hate attack overturned as court cites Bill Cosby case as example in shock reversal
Hoax unravels
Smollett had gone out in freezing temperatures in the middle of the night to get some food when he claimed he was attacked on Chicago's East Lower North Water Street on January 29, 2019.
He returned to his apartment with the noose still around his neck and his friend called the police to report the hate crime.
But alarm bells soon started to ring for the detectives in charge of the case.
Eddie Johnson, former superintendent of Chicago Police, says: 'To think that I had two white guys attack a black man in this city was disgusting to me. But some things kind of struck me as a little odd.
"We were going through the polar vortex at the time and I was thinking to myself, 'Who is out in the street with it being cold as s**t out there?'
'We had video of Jussie Smollett when he came back into his building after the crime had occurred so that's when we saw the Subway sandwich bag in his hand, that was in pristine condition.
"And I'm like wait a minute, most victims of an assault like that, they are trying to get the heck out of dodge, because let's face it who says that these guys that assaulted him won't come back?
"The last thing you are worried about is grabbing a sandwich bag, so that was a little odd to me.
I believe he wanted to be the poster boy of activism for black people, for gay people or for marginalised people
Bola
'Then there was the initial video of him in his apartment with the noose. He says to the officers, 'Yeah this is the noose that they used, I just want you all to see it', then he calmly takes it from around his neck and then rolls it up like it's a prop.
"Now my family is from the Deep South in Alabama so I saw some things growing up. I don't know of many black people, if there was a noose around their neck, they are not going to leave it on there. They are going to treat it with disdain and disgust.
That was a little cause for concern. Then we asked Jussie for his phone. He doesn't want to give it to us so of course that raised a lot of suspicion on our part.'
Suspects puzzle
Cops reviewed hours and hours of CCTV footage and found no evidence of an assault.
Taxi records from the night of the attack identified two main suspects who were dropped off near the scene of the alleged crime - but puzzlingly, they were two black men, Ola and Bola Osundairo.
And far from being total strangers to Jussie Smollett, they had both worked as extras on the Empire series - and one was his personal trainer.
Then detectives discovered that the night after the incident the Osundairo brothers had flown to Nigeria.
On their return cops were waiting to arrest them on the runway.
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Abimbola 'Abel' (left) and Olabinjo 'Ola' Osundairo were found to be pals of Smollett
Credit: Instagram
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The pair were paid over $3,000 by Smollett
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The actor outside the courthouse in 2019
Credit: Getty Images - Getty
Police showed Smollett the men's pictures and he said it was impossible that they were his attackers.
He says: 'I was friends with one brother, he was also working as my trainer. There was absolutely no reason whatsoever that I could think that they would do it.'
But Jussie later gave a TV interview about his attack and identified two men pictured on CCTV as his attackers - unaware that police had IDed them as the Osundairo brothers.
And when the pair's lawyer Gloria Rodriguez showed them the footage, they were furious and agreed to talk to the police.
The brothers claimed that Jussie had received a threatening letter in the post a week before the attack, but he said the Empire film studio weren't taking it seriously.
So he asked Bola - who he had become friends with - to beat him up.
Bola says: 'I believe he wanted to be the poster boy of activism for black people, for gay people or for marginalised people.'
Ola adds: 'I thought it was crazy but at the same time it was Hollywood. So I don't know, I'm a baby in it. This is what they do, this is how it goes.'
Steroid cash claim
Smollett paid the brothers $3,500 by cheque and they went ahead with the plan.
Eddie Johnson says: 'Now the brothers had given us enough evidence to prove that he was not telling the truth. I was like we've got this dude now.'
But Jussie had gone AWOL.
Tina Glandian, attorney at Geragos and Geragos, a firm that has represented infamous stars such as Andrew Tate and Chris Brown, was drafted in by Jussie Smollett's employers at Fox.
Police alleged that Smollett had sent himself the threatening letter, and then when that didn't get enough attention from Fox, he set up the staged attack in a bid to get a salary increase.
And that is when the public turned on him.
Smollett says: 'Eddie Johnson said things that are factually untrue. That I lied because I was dissatisfied with my pay on Empire.
"Let me just break that down. My relationship with Fox was very good. I was making great money as an actor, and I was also now making great money as a director.'
Smollett claims that he had paid Bola the $3,500 not to stage an attack, but to buy him an illegal herbal steroid from Nigeria to help him lose belly fat.
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Former cop Eddie Johnson says Smollett's story didn't add up
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The actor tells his side of the story in the show
Credit: AP
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CCTV images of the night of the attack
Credit: © 2025 Netflix, Inc.
Dropped from show
Jussie Smollett was charged with filing a false police report and was written out of Empire.
But after a meeting between his lawyers and the prosecutors, a deal was reached and the charges were dropped.
Smollett says: 'My lawyer then comes to me, she says they are offering that if you forfeit your bond for $10,000 and we can show them that you are a good citizen, they will drop this and they will let this go.
"If this continues, this will go on for at least two years, your career will stall and people will forget about you. And it was because of that that I made the decision and said we will do it.
'I can't say I was happy when the charges were dropped because I feel like the charges should never have been brought to begin with.'
Meanwhile, the cops who had investigated the case were furious and a special prosecutor was brought in to look at it again.
I thought it was crazy but at the same time it was Hollywood. So I don't know, I'm a baby in it.
Ola
Smollett was once again charged and faced trial. His lawyers claimed to have found two witnesses from the night of the attack - one a hotel security guard who had seen a white man in a balaclava running past, and one of Jussie's neighbours who saw a man with a piece of white rope hanging out of his jacket outside their apartment building.
Despite this new evidence, he was found guilty and sentenced to 150 days in jail, although he served only six days behind bars after he launched an appeal.
Jussie Smollett still maintains his innocence, with the Netflix documentary hearing claims he believes back up his version of events.
A documentary maker and freelance journalist investigating the case claim CCTV they have seen of the suspects from the night of the alleged attack clearly shows that they were two white men, though this is disputed by others who appear in the film.
In November last year, the Illinois Supreme Court overturned Smollett's conviction, saying the prosecutors could not go after him again after the original deal they made with him.
The Truth About Jussie Smollett? Is on Netflix from August 22.
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Smollett leaves the Cook County Jail in March 2022 after an appeals court agreed with his lawyers that he should be released
Credit: AP
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When those charges were dropped in a deal with the county prosecutor's office, prompting cries of favoritism, Smollett was re-indicted, found guilty of framing himself and sentenced to five months of county jail. All the while Smollett was reduced to an object of global derision, with everyone from Dave Chappelle to Charles Barkley getting licks in. Explaining himself only made matters worse. Even though Smollett would win a conviction reversal on appeal in 2024 and has stuck to his original story, this idea that he manufactured outrage for clout continues to cost him his reputation and career. But is his story truly that far-fetched? 'That's the thing about this case,' says director Gagan Rehill. 'It has this gem-like quality where you turn it one way and it looks like one thing, depending on who you ask, depending on their experience, depending on who they are and their position in this case. There's nothing definitive.' Rehill's latest film, Netflix's The Truth about Jussie Smollett?, feels like the kind of thing that might well wind up on a criminology class syllabus. At the very least you could spend 90 minutes watching this documentary instead of poring over the reams of studies that have been conducted over the decades about the inherently fragile nature of eyewitness testimony. The Truth is an intentional misnomer here; the film doesn't find the real perpetrators and isn't liable to leave viewers any more certain of the positions they've already staked out on Smollett's guilt or innocence. All that can be said for certain is: this case, still a head scratcher, is fit for the times. 'All you have to do is change a news channel, and you're given an alternate reality of what's going on out your window,' Rehill says. 'But in this case you legitimately have two competing narratives existing together.' The film spares no effort in getting down to the bottom of what exactly happened to Smollett. In addition to reviewing the stockpiles of police evidence and trial transcripts, the doc visits with a number of the main players in the case – including Smollett in an exclusive. As he begins sharing his version of events, this time with CCTV and other file footage providing additional context, you gain an appreciation for why the man would abandon the comfort of his luxury high-rise, at 2am, to brave -3C conditions for a Subway sandwich. (He had just arrived from Los Angeles, the fridge was bare, etc) Even his claim to being assaulted by a pair of white men gains credibility from two eyewitnesses (a neighbor and a security guard, both strangers to Smollett) who recalled seeing two people who fit that description lingering outside of Smollett's building – and testified to as much in court. Why wasn't a bigger deal made of this? Well for a start Smollett was tried in Chicago, not Los Angeles or New York. For another, cameras were only allowed for Smollett's post-trial sentencing – just in time for the world to watch the judge give him a good finger wag. 'The trial needed to be reported in a kind of measured, factual way,' Rehill says. Instead, it became an opportunity for overeager pundits to wallow in the void where genetic evidence, crime-scene video and other smoking guns might hang. 'I was defending myself against bullshit,' Smollett huffs at one point to camera. The documentary does now what the trial media should've done at the time: ask why we should believe the Chicago police. It bears reminding that four years before Smollett fell under suspicion, the city of Chicago came under fire for burying dashcam footage of an unarmed 17-year-old boy whom cops shot 16 times, sparking public outcry and protests. With help from investigative journalists Abigail Carr and Chelli Stanley, the film drops a few bombshells – not least footage from inside the county jail that appears to show the presumed attackers, Ola and Abel Osundairo, conspiring with police to throw Smollett under the bus. It lends credence to the idea that the fix was not only in, but that it came from on high. (Where else could police get the idea that Smollett hate-crimed himself as leverage for a higher Empire wage than from the mayor who came from the White House with the brother who happened to run one of Hollywood's largest talent agencies?) Special prosecutor Dan Webb explicitly went out of his way, after Smollett's conviction was overturned, to tell the public that this new state supreme court 'has nothing to do with Mr Smollett's innocence'. Even now Eddie Johnson, the ex-police chief who directed the investigation at the time, calls Smollett a 'narcissistic and troubled young man'. The public even scoffed with police when Smollett refused to hand over his cellphone for the investigation. In the film, Smollett doesn't just make the general case for his right to privacy. He reveals his true reason for contracting the Osundairo boys – to score a banned herbal supplement in Nigeria that might help him lose weight. And to think, semaglutides were just four years away from becoming widely available. 'Every contributor has their own viewpoint,' Rehill says. 'Some may call that an agenda. But these are just larger than life characters who just happen to be saying opposite things. It really makes you think about the nature of truth in society.' If Smollett can't be called a perfect victim, the documentary makes clear that the police aren't perfect villains either. Johnson, a Black Chicago native with roots in the Jim Crow South, took Smollett's lynching suggestion deeply to heart. Chief detective Melissa Staples, who identifies as gay, was affected by empathy early on as well. Training his camera lens like a loupe, Rehill has a knack for holding focus on one side of his figurative gem long enough for viewers to appreciate the clarity before pivoting it just enough to expose the flaws. Where that leaves his outsized characters in the end is anyone's guess. Smollett is slowly rebuilding his career, the Osundairo brothers are reveling in rightwing fame and the principal authorities have moved on – and yet so many of us are still stuck on this case. 'I wanted to leave the viewer in the end, like, not sure,' says Rehill, 'because I can see how one would not be sure. I understand why people would look into this case further. We live in a society where our trust in established institutions has eroded. So if people are going to go out and look at this again, why not put everything out there?' The Truth About Jussie Smollett? is available on Netflix on 22 August

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