Image via Scott Olson/Getty Images
Since January of 2019, many have been trying to figure out what exactly is going on with Jussie Smollett. Following initial reports that the actor had been attacked outside of a Chicago Subway while filming the Fox series Empire, fans have questioned everything from whether he was actually attacked to just how much trust we should put in the Chicago Police Department’s statements. The tale included former Empire extras, a racist and homophobic letter being sent to the Empire set, and Jussie declaring himself the “gay Tupac.”
On the morning of Feb. 21, 2019, the case took a major turn, with Smollett turning himself in to Chicago police after being considered the orchestrator of what they’re now calling a hoax. What follows is a roller coaster of charges being brought up and dropped only to have Smollett indicted once again, all part of what his attorney calls a “tremendous rush to judgment” that ended up with Smollett losing his Empire gig and damaging his reputation. Over the next three years, Smollett’s case was tried both in real court and in the court of public opinion, and after some false starts, a number of witnesses, and an unsuccessful bid for a new trial, Smollett was found guilty on five counts of disorderly conduct for lying to police. After being sentenced to jail time, Smollett was surprisingly released from the Cook County Department of Corrections detention center just days later.
With so many twists and turns over the last few years, here is the full timeline of Jussie Smollett’s case.
Threat letter sent to Empire show address a week before actual attack have several things in common: target is Jussie Smollett, knowledge of where he works, rope around neck, hate language, MAGA ref, & **mark under eye,** -- strong connection between letter & alleged attack. [8] pic.twitter.com/iLOp9qoAP2
— Jolie Adams (@Jolieishere) February 13, 2019
Date: Jan. 22, 2019
What happened: Less than a week before the attack, a letter arrived at the offices of Fox's Empire is filmed. It was addressed to Smollett and not only contained racist and homophobic language, but is said to have contained white powder.
What Smollett says happened
Date: Jan. 29, 2019
What happened: On the morning of Jan. 29, 2019, multiple news outlets reported that Smollett had been hospitalized after an attack at 2 a.m. Initial reports said that Smollett had been on his way to a Chicago Subway when he was attacked by two white men outside of the restaurant; the men, who wore ski masks, were said to have shouted "this is MAGA country" while beating him, putting a noose around his neck, and ultimately fracturing one of his ribs, although a spokesperson from the Chicago Police Department told Complex that "there is no report of that being said." From there, the Chicago Police Department launched an investigation into the reported attack, looking into it as "a possible hate crime."
Security footage is released
Date: Jan. 30, 2019
What happened: The Chicago Police Department’s chief communications officer Anthony Guglielmi tweeted that “detectives [had] located a surveillance camera that shows potential persons of interest wanted for questioning.” Images from the footage were distributed in hopes of helping police catch these individuals.
The Smollett family responds
Date: Jan. 31, 2019
What happened: Smollett's family released a statement on the attack: "We want to be clear, this was a racial and homophobic hate crime. His story has never changed, and we are hopeful they will find these men and bring them to justice." After calling the attack "domestic terrorism," they continued: "We want people to understand these targeted hate crimes are happening to our sisters, brothers and our gender non-conforming siblings, many who reside within the intersection of multiple identities, on a monthly, weekly, and sometimes even daily basis all across our country."
Jussie Smollett issues a statement
Date: Feb. 1, 2019
What happened: One day after his family spoke out on the incident, and days after everyone from John Legend to the NAACP released statements, Jussie released a statement of his own via Essence, saying, “My body is strong but my soul is stronger. More importantly I want to say thank you. The outpouring of love and support from my village has meant more than I will ever be able to truly put into words.”
Jussie Smollett calls himself "The Gay Tupac!"
Date: Feb. 2, 2019
What happened: After dropping his first statement, Jussie performed on the Troubadour stage in West Hollywood, where he spoke out about the situation during a live performance. After clarifying that he wasn't hospitalized (he'd just visited a doctor) and that his ribs weren't broken, he made it clear that he fought back against his assailants. Smollett was met with supportive cheers and applause, and went on to call himself "the gay Tupac."
Smollett's phone records submitted, rejected
Date: Feb. 12, 2019
What happened: Smollett cooperated with the police investigation, including submitting his phone records from the night of the attack. However, according to USA Today, the documents were rejected by police; Sgt. Rocco Alioto stated that the phone records did "not meet the burden for a criminal investigation as they were limited and heavily redacted."
Two men are arrested
Date: Feb. 13, 2019
What happened: Eleven days later, Chicago Police arrested two men in connection with the attack, later identified as Nigerian brothers Olabinjo and Abimbola Osundairo. According to The Wrap, Olabinjo appeared as an extra on Empire in 2015.
The 'Good Morning America' interview
Date: Feb. 19, 2019
What happened: ABC scored Smollett's first full-length interview after the attack, where he said he was "pissed off" at people questioning his story and the incident.
That evening, more details surfaced about the Osundairo brothers. Chicago police raided their home, seizing five bottles of bleach, electronics, shoes, and other items. Police also stated that the brothers had left for Nigeria on the day of the attack.
As this information was released, some media reports indicated that Chicago PD believed Smollett had staged the attack. Guglielmi tweeted that the media reports alleging that the attack was a hoax were "unconfirmed by case detectives," as there was "no evidence to support their reporting." He referred to the supposed CPD sources these outlets had spoken to as "uninformed and inaccurate."
Osundairo brothers released
Date: Feb. 15, 2019
What happened: While Chicago PD continued to dispute reports that they thought the attack was staged, the two men they arrested were released without being charged. "Due to new evidence as a result of today's interrogations," Guglielmi tweeted, "the individuals questioned by police in the Empire case have now been released without charging and detectives have additional investigative work to complete."
Was it staged?
When: Feb. 16, 2019
What happened: The next day, more reports suggested that Jussie orchestrated the attack. CNN reported that two police sources had indicated that Chicago PD believed Jussie had paid the two men in question to participate in this staged attack. That same night, Deadline confirmed via a statement from Chicago PD that the department had shifted the trajectory of their investigation "based on the premise that Mr. Smollett was an active participant in the incident." Two days later, Smollett's attorneys said that while they'd keep an "active dialogue" with Chicago PD, there were no plans to meet with detectives.
The Osundairo brothers speak
Date: The brothers speak
What happened: Amid questions of Jussie's role on Empire being diminished, sources told CBS Chicago that the brothers, who were previously arrested as suspects, said that Jussie was the one who sent the letter to the Empire set and that the attack was orchestrated because the letter didn't receive a "bigger reaction."
Smollett is a suspect
Date: Feb. 20, 2019
What happened: Guglielmi returned to Twitter with an official statement: "Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony). Detectives are currently presenting evidence before a Cook County Grand Jury." Attorneys representing Smollett told People that they were mounting an "aggressive defense," noting that, “Like any other citizen, Mr. 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."
Smollett brought into police custody
Date: Feb. 21, 2019
What happened: Early Thursday morning, Smollett turned himself in to Chicago police. The resulting class 4 felony charges against Smollett could result in up to three years in prison and an estimated $25,000 in additional fines.
Chicago police has released Jussie Smollett's mugshot and a statement regarding his charge of disorderly conduct - false report of offense. pic.twitter.com/bERdd4flCD
— Tasneem N (@TasneemN) February 21, 2019
During the subsequent press conference, CPD superintendent Eddie Johnson called this incident a "publicity stunt" and "a scar Chicago didn't earn and certainly didn't deserve." They repeated claims that Smollett sent the original letter that started the entire ordeal and confirmed that he'd paid the two brothers $3,500 for their part in the incident. The reasoning? According to Johnson, Smollett was "dissastified" with the amount of money he was making on Empire. Chicago PD also called his Good Morning America appearance "shameful" and asked that Jussie apologizes to the city of Chicago.
Later that day, Smollett was released from police custody after posting $10,000 cash towards the $100,00 bond he was being held on. Multiple outlets reported that he made his way to the Empire set. Fox, who'd stood behind Smollett while this case developed, released a statement saying that they "are evaluating the situation and we are considering our options." Meanwhile, Smollett's legal team released their own statement: “The presumption of innocence, a bedrock in the search for justice, was trampled upon at the expense of Mr. Smollett and notably, on the eve of a mayoral election. Mr. Smollett is a young man of impeccable character and integrity who fiercely and solemnly maintains his innocence and feels betrayed by a system that apparently wants to skip due process and proceed directly to sentencing.”
Smollet cut from final episodes of 'Empire'
Date: Feb. 22, 2019
What happened: On Friday, Fox announced that Smollett's character Jamal will not appear in the last two episodes of Empire's fifth season, which are currently being filmed in Chicago. A statement from the executives behind Empire, which include Lee Daniels, Danny Strong, Brett Mahoney, Brian Grazer, Sanaa Hamri, Francie Calfo, and Dennis Hammer, said that the "disturbing" nature of the allegations lead to their decision.
"The events of the past few weeks have been incredibly emotional for all of us. Jussie has been an important member of our Empire family for the past five years and we care about him deeply," it read. "While these allegations are very disturbing, we are placing our trust in the legal system as the process plays out. We are also aware of the effects of this process on the cast and crew members who work on our show and to avoid further disruption on set, we have decided to remove the role of ‘Jamal’ from the final two episodes of the season." As of right now, there's no word on if Smollett's character will be removed completely from the series.
The Hollywood Reporter looked into Smollett's contract situation, and while unconfirmed, it's said that Smollett went from reportedly making around $40,000 per episode to $125,000 per episode, although he might have been signed to a 360 deal. Regardless of that, one source is said to have told THR that there was no word of Smollett speaking to Fox regarding being unhappy with his salary, which calls into question the motivation the Chicago Police Department issued during their press conference on February 21.
Date: Feb. 23, 2019
Less than 24 hours after the news of his scenes in Empire being cut, a number of questions regarding Jussie’s case came about. Initially, there were reports claiming that Jussie had modeled his alleged hoax after the attack Empire executive producer Lee Daniels’ cousin suffered in January, which Daniels said only occurred because he is gay. Meanwhile, the FBI said that they weren’t certain that Jussie sent the letter that kicked this whole ordeal off in the first place. Finally, there was talk that Jussie’s Empire character might be recast.
What was the check for?
Date: Feb. 24, 2019
What happened: Amidst support from Empire co-star Terrence Howard, TMZ reported that the $3,500 check that Chicago PD said Jussie sent to the alleged fake attackers wasn’t for a hoax attack at all, but for fitness training for a video Jussie was planning on shooting. The memo line on the check read "5 week Nutrition/Workout program Don't Go.”
Hospital employees fired, internal investigation begins
Date: Mar. 7, 2019
What happened: CBS2 Chicago reported that dozens of workers and nurses at Northwestern Hospital are said to have been fired for accessing Smollett’s hospital records inappropriately. This was the medical facility that Smollett was treated at after his alleged attack.
That same day, the Chicago PD launched an internal investigation into information leaks that went to the media. In a statement, Chicago PD Sergeant Rocco said he "would like to point out that a lot of the information out there was inaccurate and there were numerous agencies involved in this investigation. As a standard procedure when there are allegations of information being leaked, an internal investigation has been opened and we are also looking at our vulnerabilities."
Grand jury indicts Smollett on 16 felony counts
Date: Mar. 8, 2019
What happened: A day later, a Cook County grand jury indicted Jussie on 16 felony counts (he was originally charged with one felony count for filing a false police report). According to ABC 7, the grand jury hit Jussie with two separate sets of charges, one based on what he originally told police about the attack, and the second based on a second interview later that day.
ABC 7 also reported that each set of charges carries a sentence of probation; the thought is that Jussie would plea out and not have to face jail time.
Osundairo brothers feel they were "taken advantage of"
Date: Mar. 11, 2019
What happened: Gloria Schmidt, the lawyer of brothers Abindola and Olabinjo Osundairo, made an appearance on Good Morning America to speak out on their behalf. "My clients were just taken advantage of by someone they trusted. This was someone who the brothers thought could help their career. Obviously, Mr. Smollett has connections, he had a good position with Fox, so this was someone that they had trusted to consider their best interests."
Schmidt also reiterated that the $3,500 check was for fitness training, but did indicate that it might have also been used as a part of this alleged attack. "It's unfortunately," Schmidt said, "a very complicated relationship for them because if you are friends and I'm saying, 'Hey, I am going to pay you for training, I am also asking you to do me a favor'... and the favor was to stage the attack."
Smollett pleads not guilty
Date: Mar. 14, 2019
What happened: Smollett made an appearance in court to enter a plea of not guilty to the 16 felony counts of disorderly conduct he's facing. He's set to appear back in court on April 17.
All charges dropped
Date: Mar. 26, 2019
What happened: On Tuesday morning, after word of an emergency hearing in Smollett's case was being held, his attorneys released a statement saying that "all criminal charges against Jussie Smollett were dropped and his record has been wiped clean of the filing of this tragic complaint against him." State District Attorney Kim Foxx also released a statement, saying that "After reviewing all of the facts and circumstances of the case, including Mr. Smollett's volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case."
Smollett indicted by special prosecutor
Date: Feb. 11, 2020
What happened: Almost a year to the day of the initial arrests being made in this case, Jussie Smollett was indicted by special prosecutor Dan Webb on six counts of disorderly conduct in his case. Webb released a statement, saying “further prosecution of Jussie Smollett is in the interest of justice." Webb was appointed to this case back in August of 2019 to investigate why all of the charges against Jussie were dropped back in March of 2019.
Word is that Smollett would have been facing 50 years in prison if there was a conviction on all 16 counts against him in 2019. Smollett is due back in court on February 24, 2020, and if convicted, could face jail time.
Smollett pleads not guilty, wants new charges killed
Date: Feb. 24, 2020
What happened: To the surprise of no one, Jussie Smollett entered a plea of not guilty on the new felony charges brought against him earlier this month. He also filed a motion to have the new charges dismissed, saying that the indictment "wasn’t proper because the special prosecutor was appointed incorrectly.”
“The circumstances surrounding the initial case in 2019 did not reach the legal level warranting the appointment of a special prosecutor,” their paperwork stated. “Under the terms of the law, in order to appoint a special prosecutor, the office (of Cook County State’s Attorney Kim Foxx) had to file a former recusal with the court, and that didn’t occur here.”
Smollett is due back in court on March 18.
Smollett's trial begins
Date: Nov. 29, 2021
What happened: Back in October, a motion to dismiss the case against Smollett was denied. Although Smollett’s attorney Nenye Uche stated, “It’s as clear as day – this case should be dismissed because of an immunity agreement,” using Smollett’s community service and bond payment as fulfilling an agreement Uche said was made with prosecutors, the judge’s decision to deny the motion was because Smollett never admitted any wrongdoing, setting Nov. 29 as the date the trial would finally begin.
While Day 1 of the trial primarily featured jury selection, The Chicago Tribune reports that Smollett’s attorneys did say that this “tremendous rush to judgment” has ruined his career and reputation, also calling the Osundairo brothers “sophisticated, highly intelligent criminals. … Jussie thought he had a friend, but that friendship ran one way, it was a one-way street.”
After roughly a year and a half of waiting due to COVID shutdowns, Smollett’s day in court is finally here. Many speculate that the trail could last a week and Smollett is not expected to take the stand, nor will the trial be streamed.
Smollett testifies about his relationship with Abimbola “Abel” Osundairo
Date: Dec. 6, 2021
What happened: Smollett took the stand and testified that he had an intimate relationship with Abimbola “Abel” Osundairo, one of the brothers he says attacked him back in 2019. Smollett spoke on he and Abel sneaking off together, hitting a bathhouse where Smollett says they “made out a little bit” and “masturbated together.”
Smollett again stated that the incident wasn’t a hoax, and said on the stand that the $3,500 check to Osundairo was really for training and his nutrition needs, with the “on the low” text on the check referring to an herb that could be obtained in Nigeria but was illegal in the United States. Osundairo says that “on the low” referred specifically to the attack that he says Smollett set up with himself and his brother.
The subject of the noose around his neck came up, which Smollett says was a suggestion made by a friend of his before the police arrived. Smollet says he didn’t want to get the police involved in the first place: “I am a Black man in America,” Smollett said. “I do not trust the police. I am also a well known figure at that time and I am an openly gay man.”
Don Lemon catches heat over tests to Smollett
When: Dec. 7, 2021
What happened: Smollett also testified that CNN anchor Don Lemon had texted him early in the investigation that Chicago PD didn’t believe his story of how the incident went down. Many were looking to Lemon’s CNN show that night, and while they did speak on the trial, no mention of Smollett specifically saying Lemon texted him that information happened, which, in light of the Chris Cuomo situation they are still dealing with, isn’t necessarily a surprise. That said, many are looking for Lemon to be disciplined as well.
No verdict is reached after first day of deliberations
Date: Dec. 8, 2021
What happened: After five hours of closing arguments, jurors began deliberating on the afternoon of Wednesday, Dec. 8. This is how the court system works; word is that deliberations will pick back up on Thursday. Some outlets feel the verdict could be announced on Thursday, which would be the jury’s first full day of deliberations.
Smollett found guilty
Date: Dec. 9, 2021
What happened: After seven days and 13 witnesses, Jussie Smollett was found guilty on five of the six counts of disorderly conduct for lying to police. Smollett is looking at three years in prison.
Smollett sentenced to 150 days in jail
Date: Dec. 9, 2021
What happened: After his request for a new trial was denied, Jussie Smollett was sentenced to 150 days in jail; he was also sentenced to 30 months of probation, as well as having to pay a $25,000 fine and $120,000 in restitution. In court, Smollett made the following remarks: “I am not suicidal. If anything happens to me when I go in there, you must all know that.” The judge is said to have given a 40-minute speech, calling Smollett everything from arrogant and narcissistic to saying Smollet is “a charlatan pretending to be a victim of a hate crime.”
Former 'Empire' castmate Taraji P. Henson shares support
Date: Mar. 13, 2022
What happened: Days after Jussie’s sentence, Smollett’s former Empire castmate Taraji P. Henson shared her support for Smollett with the #FREEJUSSIE hashtag on her Instagram page, along with a statement.
“I am not here to debate you on his innocence but we can agree that the punishment does not fit the crime,” Henson said. “Emmett Till was brutally beat and ultimately murdered because of a lie and none of the people involved with his demise spent one day in jail, even after Carolyn Bryant admitted that her claims were false. No one was hurt or killed during Jussie’s ordeal. He has already lost everything, EVERYTHING!”
“To me as an artist not able to create that in itself is punishment enough,” Henson continued. “He can’t get a job. No one in Hollywood will hire him and again as an artist who loves to create, that is prison. My prayer is that he is freed and put on house arrest and probation because in this case that would seem fair.”
Smollett's legal team files emergency motion for his release
Date: TK
What happened: The Monday after Smollett’s sentencing, his attorneys filed an emergency motion to have him released from jail. This came at the same time Smollett’s family shared details of a threatening call he received. “I hope what they do to that guy in jail — here’s what they’re going to do, right,’” the person in the call says, as transcribed by Rolling Stone. They’re going to take a broom handle, and take that little [expletive], shove it in there, and he’s gonna go, ‘[shrieking sound].’” The threat also referenced the 1997 assault on Abner Louima in Brooklyn, NYC.
Smollett is released from jail
Date: Mar. 16, 2022
What happened: Smollett was released from Cook County Jail on the night of Wednesday, March 16, 2022.
Part of Smollett’s release requires him to post a $150,000 personal recognizance bond, which meant he’d need to agree to show up to a scheduled court date, but a down payment would not be needed at the time.