During cross-examination by Special Prosecutor Dan Webb, Smollett said on Tuesday that a few days before the alleged attack, he picked up Abimbola Osundairo in his car to go for training and that Osundairo’s brother, Olabingo Osundairo, was came. Smollett denied the brothers’ earlier testimony that they were traveling together – circling the area where the alleged attack occurred on three occasions – as part of a “run” for the false assault. He stated that going around the area was not unusual behavior for him, and that he canceled the plan to train because he didn’t want to train with Olabingo Osundairo, whom he didn’t had not invited.
Smollett, who was calm for hours of testifying with his defense attorney on Monday, appeared to become more irritated in his interactions with Webb on Tuesday, at one point telling the veteran prosecutor he did not understand the social media application Instagram. Cross-examination of Webb also revealed some inconsistencies in Smollett’s testimony, including whether he sent private messages to confirm the timing of the alleged attack and whether his attackers were white, as they were told. the police.
When Webb asked Smollett if he had sent any private messages regarding the timing of the fake attack to Abimbola Osundairo using the app on the night of the alleged attack, Smollett replied, “There had been no false attack ”and denied sending the messages. After Webb showed Smollett four messages Smollett sent Abimbola Osundairo that night while the actor was at an airport because his flight back to Chicago was delayed, Smollett told Webb, “If you will. say, sir. “
In the latest message – sent at 12:41 a.m. on January 29, 2019, about 90 minutes before the alleged attack – Smollett told Osundairo that he had finally returned home. Smollett testified that he was sending the messages to set up a workout, not a mock attack.
In his testimony on Monday, Smollett said he was on his way home from having a sandwich around 2 a.m. when someone shouted out a racist and homophobic remark referring to the “Empire” TV show. The person also shouted something about “MAGA country,” an apparent reference to then-President Donald Trump’s slogan “Make America Great Again.” The slogan had also been scrawled on a hate mail – which included a drawing of a snowman hanging in a noose – which Smollett had received earlier on the “Empire” set, he said.
Smollett said when he turned to face the person, a man hit him on the head and he fell to the ground, where he said another man kicked him before that the attackers did not flee. Smollett said he noticed a rope, like a noose, around his neck after the attack. When he got home, a friend called the Chicago police, which Smollett said he wouldn’t do because as a black man he doesn’t trust the police.
Asked by Webb on Tuesday if he said the brothers were his attackers, Smollett replied, “No, I don’t know. There is no way for me to find out. Webb then asked if Smollett recognized the voice of Abimbola Osundairo – who is called Bola – during the incident.
“At that point, I’m not going to stop and say, ‘Hey Bola, is that you? “” said Smollett.
The brothers testified last week that the fake attack was Smollett’s idea, and that he gave them $ 100 to buy supplies, including a rope to tie a noose around his neck, and asked them shout racial and homosexual slurs and “MAGA”.
Smollett also said of the Osundairo brothers’ testimony that he organized the attack: “They are liars. “
Smollett, 39, is charged with six counts of disorderly conduct for doing what prosecutors have called a false police report on the alleged attack – one count for every time he made a report – to three different officers. The Class 4 felony carries a prison sentence of up to three years, but experts have said if Smollett is found guilty he will likely be placed on probation and ordered to do community service.