Jussie Smollett Defense Lawyer Labels Osundairo Bros ‘the Worst Type of Criminals’ in Trial’s Closing Argument

Chicago, Ill. – Former Empire star Jussie Smollett had no motive to stage a hoax hate crime against himself in January 2019, the actor’s lead defense attorney said during closing arguments in Smollett’s criminal trial on Wednesday, shortly before the jury began deliberations.

Chicago police ignored evidence that could have proved that Smollett was telling the truth, as he’s done all along, lawyer Nenye Uche told the jury.

And the prosecution’s hoax narrative is not only illogical, but it is built almost entirely on the testimony of two attackers, brothers Abimbola and Olabinjo Osundairo, who are slick, highly-intelligent criminals, liars, and chameleons, Uche said.

“The entire prosecution case, including the foundation of their case, is built like a house of cards,” Uche told the jury. “And we all know what happens to a house of cards when you apply a little pressure. It crumbles.”

Uche’s closing argument lasted a little over two hours. But while special prosecutor Dan Webb’s presentation earlier in the day came across as detailed and deliberate, addressing the evidence point by point, Uche’s was more free-wheeling and less focused, jumping around from topic to topic, making it sometimes hard to follow.

“This is a crazy case,” Uche said. “This case is so bizarre.”

Uche started his closing argument by attacking the credibility of the Osundairo brothers, extras on Empire, who are key witnesses to the prosecution’s case. Prosecutors argue that Smollett directed the brothers to fake attack him, call him racist and homophobic slurs, douse him with bleach, hang a noose from his neck, and yell “this is MAGA country.”

But Uche said the brothers aren’t believable. They are not just criminals, he said, “they’re the worst type of criminals.” A search of their “filthy” family home turned up guns and drugs, Uche said. He questioned whether the three guns police found actually belonged to Abimbola Osundairo, who is legally allowed to have them, or if they really were Olabinjo Osundairo’s, who isn’t allowed to have guns because of a felony conviction in 2012. And he questioned why police didn’t do more to check if those guns had been used by a gang that targets celebrities.

Uche noted that one of the brothers testified that he believed the $3,500 check Smollett gave him two days before the alleged attack was both for nutrition and exercise plans the brothers had provided to Smollett, but also a pre-payment to stage the attack. But, Uche noted, he’d not mentioned that he considered it a pre-payment for the attack during previous testimony in 2019 in front of a grand jury. Smollett, he said, never paid the brothers to stage an attack.

The Osundairos, whose parents are from Nigeria, are engaging in a “blame the victim scam,” Uche said. “It’s better than the African prince scam. Don’t fall for it.”

Uche accused prosecutors of using “distractive words” – words like “false testimony,” “acting white,” and “polar vortex” – in an attempt to pre-program the jury.

“They don’t have a good case, and so they started putting in fluff,” said Uche, who repeatedly reminded the jury that it is the prosecution’s burden to prove their case. At one point, he even seemed to suggest that it was the prosecution’s responsibility to provide evidence to the jury that would benefit the defense. “The burden is on them. We don’t have to do a darn thing.”

And Uche argued that the prosecution’s hoax narrative is illogical. Smollett didn’t just lack a motive for staging the attack, he said, but he had an “anti-motive.” Smollett testified that he doesn’t like burdensome security, and he doesn’t enjoy media attention. He also had a historic gay wedding scene to shoot for Empire in early February, and an upcoming music video.

“He could not afford anything to happen to his face,” Uche said.

Smollett also suffered real injuries during the alleged attack, Uche said, and his story has remained consistent since the very beginning. He said there is no evidence in the case.

“They don’t want you to believe your eyes,” Uche said of the prosecution.

Uche argued that the Osundairo brothers had motives for attacking Smollett. Both brothers, he argued, were homophobic. But the defense also argued that Abimbola Osundairo had engaged in sexual activity with Smollett on multiple occasions, so maybe there was self-hatred for his homosexual tendencies. Is he gay, homophobic? “I don’t know. I really don’t know,” Uche said.

Uche also argued the Osundairos wanted to rough Smollett up and scare him so he would hire Abimbola Osundairo to be his well-paid security guard.

“These guys want to make money. They want the fast life. They want it easy,” Uche said.

Uche also tried to argue that there’s evidence a third person may have been involved in the attack. Smollett told police one of his attackers appeared to be white, and a security guard at a nearby hotel also reported that one of the men fleeing the scene the morning of the attack appeared to be white.

Uche said there is reasonable doubt in the case, and “you cannot convict a person when there’s doubts.” He called on the jurors to be his “constitutional warriors” during their deliberations.

“If you believe like I do Mr. Smollett is innocent,” he said, “stand by it, don’t let anyone change your mind.”

Assistant special prosecutor Samuel Mendenhall followed Uche by giving a sometimes impassioned rebuttal. He argued that there is plenty of evidence in the case, and the evidence points at Smollett’s guilt. He argued that Smollett has not been consistent throughout the case – Smollett initially reported that one of his attackers was white, but then changed his description to pale-skinned. And he argued that it was wrong when Uche told the jury that the Osundairo brothers were allowed to coordinate their stories when they were first arrested in connection with the attack against Smollett.

“Words matter. Facts matter. Truth matters. And evidence still matters,” Mendenhall said.

Mendenhall, a pastor at a local AME church, was particularly emotional when he came to the defense of the Osundairo brothers, who he said he’s come to know. Uche, he said, provided no evidence that Abimbola Osundairo is a criminal. He said Uche “slandered his name, with no evidence whatsoever.”

And while Olabinjo Osundairo was convicted of a felony battery nine years ago, he’s turned his life around. Both brothers have gone to college, earned multiple degrees, started small businesses, and followed their acting dreams. They should be seen as role models for young black men, he argued.

“We need more of our young African American men going to college, graduating with honors, getting two degrees,” said Mendenhall.

The jury began deliberating at about 2:30 p.m. Central time.

Smollett faces six counts of felony disorderly conduct for filing a false police report and could face up to three years in prison if convicted.