Abimbola Osundairo and Jussie Smollett dated before “attack”: defense

CHICAGO The two brothers at the center of Jussie Smolletts’ criminal trial faced brutal cross-examination on Thursday as they were portrayed as homophobic opportunists and drug dealers who had a history of lying and intended to hurt the ‘actor.

Abimbola Osundairo, 28, was grilled for two hours by Smolletts attorney Shay Allen, who alleged that he and the Empire actor had previously dated and masturbated together in a gay bathhouse and that the attack was fueled by the desire to be the actors’ security guard. .

Olabinjo Osundairo, 30, was asked about homophobic comments he had made in the past and admitted to using such derogatory terms towards men he suspected to be gay.

Testimonies from the brothers, the prosecution’s star witnesses, dominated the fourth day of Smolletts’ trial in Chicago Criminal Court, accused of falsely claiming to be the victim of a hate crime in January 2019.

The brothers allege Smollett paid them to dress like MAGA-loving Trump supporters and faked it that night, while defense claims attack on gay actor was a genuine hate crime fueled by Osundairos’ homophobia.

During cross-examination of Abimbola, Allen alleged that he used his relationship with Smollett to further his acting career and that he told the star that he would not testify and that he could make it disappear. all if he paid him and Olabinjo $ 1 million each.

You told him that if he gave you and your brother a million dollars each, you wouldn’t testify? Allen barked at Abimbola, who replied, no.

Allen also hinted that Smollett and Abimbola were having sex by asking Abimbola when he and the actor started dating.

What? We never dated, said Abimbola, wearing a white button-down shirt, black waistcoat and leather jacket with a pop-up collar.

Across the courtroom, Smollett, clad in a black suit, looked away.

Across the courtroom, Smollett looked away.

On Wednesday, Abimbola told jurors that he and Smollett went together to Steamworks public baths in the Boystown neighborhood of Chicago, a predominantly gay community, and on Thursday Allen asked if gay pornography was being shown on televisions. inside the spa.

I don’t remember, said Abimbola.

Don’t you remember seeing gay pornography? … Don’t you remember masturbating with him? Allen asked.

Abimbola said: No.

Several Yelp reviews for public baths indicate that the pornography is performed at the spa, which is equipped with numerous glory holes and hook-up rooms.

Attempting to portray Abimbola as a homophobe, Allen mentioned that homosexuality is illegal in Nigeria, where the brothers have close ties, and claimed that Abimbola called someone on the set of Empire crazy.

The prosecution successfully opposed the questions.

As Olabinjo testified for the prosecution, he extensively reiterated what his younger brother had said the day before, but went into more detail about his own role and what Smollett allegedly asked of him and his brother, to do.

He went on to explain that he had been sent hate mail to him at Empire Studios and that he had this crazy idea that two MAGA Trump supporters would attack him so he could get the footage of it and put it on. social networks and show them to Empire. studios, Olabinjo said.

At first I was a little surprised… when I thought about it, it was Hollywood, I was like, that’s probably what they’re doing there, he added later.

While Smollett and his team claimed his attackers placed a noose around his neck before fleeing, Olabinjo said on Thursday that this had not actually happened.

I placed it around his face, Olabinjo explained.

The jury then saw stills from surveillance video recorded after the attack which clearly show Smollett with the rope around his neck, indicating he had pulled it on himself.

Olabinjo appeared exasperated at times during his cross-examination.

Defense lawyer Tamara Walker spent hours questioning him about the homophobic comments he made and the discrepancies in his testimony.

For example, Olabinjo had testified before a grand jury in 2019 that he initially intended to throw gasoline on Smollett, but decided to use bleach instead because he didn’t want to. not being filmed pouring gasoline into a container.

On Thursday, he said he decided to use bleach because it is safer than gasoline without providing any further explanation.

He told Walker that during the grand jury testimony he was in great distress, which is why his story was unclear.

In the middle of cross-examination, the defense team had a heated sidebar exchange with Judge James Linn, with Walker claiming the lawyer rushed to her when she asked for the cancellation of the trial.

Moments after Olabinjo admitted to using the term fruity ass to refer to a man he suspected of being gay, Walker asked if Smollett knew he had said such things in the past.

But Linn called the line of questioning collateral to the jury, saying it had nothing to do with the crimes Smolletts was on trial for as it was an unrelated event, which led Walker to ask. the sidebar.

With the jury sent out of the room, Walker requested that the trial be set aside for Linns’ remark and claimed the lawyer rushed to me in response to the request.

Linn vigorously denied the request.

When you said the word set aside for these reasons, frankly, I was amazed that you even considered setting aside a trial on that basis, the judge said.

I walked right behind my bench.

On Thursday evening, the state closed its case, prompting the Smolletts team to ask Linn for a not guilty verdict, arguing the prosecution had failed to prove Smollett had committed a crime.

Linn denied the request, saying there was enough evidence to move forward.

The defense then called three witnesses, Smolletts music director Brandon Moore who was on the phone with the actor when he claimed he was assaulted, the emergency room doctor who treated him and his former publicist Pamela Sharp.

Sharp testified that Smollett was shy around the media and made around $ 2 million a year working on Empire.

The trial is scheduled to resume on Monday.