Jussie Smollett has been freed after posting $10,000 bond and agreeing to surrender his passport at a court hearing where he was supported by his family and prosecutors shared more details of his relationship with the two Nigerian brothers he allegedly paid to stage an attack on him in the hope that it would boost his profile.
The actor was hurried out of the Cook County Criminal Court shortly before 5pm on Thursday and said nothing as he fought his way through photographers to get into a waiting car. He was flanked by bodyguards and driven away immediately.
Three of the actor's five famous siblings, Jurnee, Jocqui and Jake, were pictured arriving at the Cook County Criminal Court before his bond hearing wearing sunglasses. They were later joined by their brother Jojo but their other sister Jurnee and mother Janet were not seen.
They left the court before Smollett once the hearing was over, fighting their way through a scrum of photographers to get into a waiting van parked outside without answering any questions.
Smollett's bail was set at $100,000 - the amount he gets paid for one episode of Empire. He paid 10 percent of it to win back his freedom and will return to court on March 14 to face a felony charge of filing a false police report.
Jussie Smollett was ushered out of court on Thursday by police officers and body guards after posting $10,000, ten percent of his $100,000 bond, and agreeing to surrender his passport
After the hearing, prosecutors gave a detailed description of how he allegedly put the hoax together.
Police say he knew Abel Osundairo, one of the brothers, because he bought 'designer drugs' from him. In text messages that predate the hoax attack, he asked Abel for 'Molly' - the street name for ecstasy - multiple times. The pair are believed to have met when Abel was a stand-in on Empire.
On January 25, he convinced Abel and his brother Ola to 'simulate' an attack on him, giving them specific instructions about which words to use and how to rough him up but not hurt him too severely, according to police.
His alleged motive was that he did not get enough attention over a letter he is said to have sent himself a week earlier and he thought that painting himself as
He knew they were going to Nigeria days later and asked them if he could trust them, saying in his initial text message to Abel: 'Might need your help on the low. You around to meet up and talk face to face?'
Smollett took them to the location where he wanted the attack to happen outside his apartment, according to prosecutors, and even pointed to a surveillance camera he believed would capture it.
The claims came after a blistering press conference during which furious police bosses alleged that he mailed himself a threatening letter then staged a hoax attack because he was unhappy with his $1.8million Empire salary.
Jocqui (in beige coat), Jake (in black, right) and Jazz Smollett (center in fur-trimmed coat) arrive at the Cook County Criminal Court on Thursday to attend their brother Jussie's bond hearing. There was no sign of the actor's mother Janet, his other sister Jurnee or his brother Jojo
Jocqui Smollett is show entering the court and waiting for proceedings to begin. The Smollett family issued a statement when the attack was first reported to condemn hate crimes and stand by Jussie. Jocqui has since accused the media of vilifying his brother in social media posts
Jazz, Jocqui and Jake entered the courthouse without speaking on Thursday. Their other two siblings, Jojo and Jurnee, did not join them
After his bail hearing, the state's attorney gave a press conference where she described in painstaking detail how the hoax came together.
Jussie Smollett is shown in his mugshot on Thursday morning. The Empire actor handed himself in at 5am on charges of filing a false police report. Police now say he concocted the fake attack because he wanted a raise
On January 25, he texted Abel asking him when he was planning to go to Nigeria, a trip that had been prearranged.
They were familiar with one another because Abel had once filled in as a character on Empire who was a love interest of Smollett's character, Jamal Lyon.
Abel replied that he and his brother were leaving on January 29 to which Smollett replied: 'Might need your help on the low.
'You around to meet up and talk face to face?'
That afternoon, they met up at the CineSpace studio and Smollett drove Abel home.
During the car ride, he told him about his 'displeasure' over 20th Century Fox's reaction to the letter he allegedly sent himself days earlier.
He said he wanted to stage an attack and suggested that Ola, Abel's younger brother, get involved.
Once they got to the brothers' home, they summoned Ola outside and Smollett asked the pair if he could trust them.
Smollett then allegedly laid out what he wanted them to do and gave them a $100 bill to buy ski masks, a red hat, gloves, rope and bleach to use.
'He stated that he wanted the brothers to catch his attention by callig him an Empire f****t Empire n****r. He detailed that he wanted Abel to attack him but not to hurt him too badly and give him a chance to fight back.
'He also included that he wanted Ola to place a rope around his neck, pour gasoline on him and yell: "This is MAGA country" and "Make America Great Again,"' a proffer that was released by the State's Attorney's office said.
Police have found surveillance footage of the ride and have phone records which put Smollett in the area of the brothers home at the time.
On January 27, he picked the brothers up from their home and drove them to where he wanted the attack to happen in the late morning.
He warned them not to bring their cell phones with them and showed them a surveillance camera on the corner which he believed would capture the incident.
Smollett drove the brothers home and provided them with a $3500 personal check made payable to Abel, which was backdated to January 23, 2019.
He then flew to New York City to take part in a reading of a play.
The attack was scheduled to take place at 10pm on January 28 but was set back several hours by Smollett's delayed flight from New York to Chicago on the day of the incident.
His flight landed at 12.30am, January 29.
At 12.49am, he called Abel and their conversation lasted three minutes. During this call, he instructed him to carry out the attack at 2am.
Abel then ordered an Uber to pick the pair up at their home and take them to the crime scene.
They took the Uber part of the way but then got out and hopped in a taxi to take them the remainder of the distance.
At 1.22am, they arrived within three blocks of it. At 1.45am, Smollett left his apartment building to go to a Subway and the brothers made their way towards the intended spot.
Smollett, however, was late. They did not cross paths until 2.04am which is when they carried out the attack. At the exact moment it was occurring, an NBC News employee was getting out of her car nearby. She told police later that she did not hear anything suspicious, despite Smollett alleging that the attackers yelled racial slurs.
The attack only lasted 45 seconds and was 'just outside the view of the desired nearby camera that Smollett had pointed out to the brothers approximately 15 hours earlier.'
The brothers then ran away on foot, heading southbound towards the Chicago River. They then got in a taxi at the Hyatt Regency Hotel.
Fifteen minutes later, they got out of the cab a few blocks from their house.
Two minutes later, at 2.27am, Smollett's manager reported it to police and police arrived at Smollett's apartment at 2.42am, 12 minutes later.
While being interviewed, he not only described the attack but claimed to have received a phone call on January 26 from someone who said 'hey you little f****' and hung up. He said the call happened near a camera and that it captured the attack. It was the same camera he pointed out to the brothers in the hope that it would capture their staged ambush.
Chicago Police Department Superintendent Eddie T. Johnson abhorred him as a 'troubled young man' who has 'taken advantage of the pain and anger of racism to further his career' by allegedly lying that he was attacked by racist and homophobic assailants on January 29.
Smollett makes $100,000 per episode on Empire, according to an associate who spoke to DailyMail.com, and there are 18 episodes in the current season which earns him $1.8million.
He also has a record deal with Columbia Records but, according to police, was 'dissatisfied' and wanted to boost his profile.
When police learned that Smollett's motive was to get more money, it 'p****d everybody off', Superintendent Johnson said, adding that Smollett's repeated 'lies' were 'shameful' and 'despicable'.
He called for 'absolute justice' which he said amounted to Smollett apologizing and offering to pay for the police resources he wasted.
20th Century Fox, which defended the actor on Wednesday, is now 'considering its options' in light of his arrest.
President Trump has also called for Smollett to apologize for making it appear as though he was being targeted by one of his supporters.
Surveillance footage emerged on Wednesday showing Ola and Abel Osundairo buying ski masks the day before the attack. Smollett gave them a $100 bill to pay for the bleach, ski masks, red hat and gloves that they used, according to prosecutors
Police say they have found phone records which prove Smollett spoke with brothers Abel and Ola Osundairo an hour before the attack, an hour afterwards and while they were in Nigeria, keeping their heads down, while the case gained global attention.
Prosecutor Risa Lanier laid bare the allegations in a press conference after the bond hearing
They also say they have the check that Smollett used to pay them $3,500.
The brothers 'confessed' to the 'entire plot' once they were in custody on Thursday.
It began on January 22 when Smollett allegedly mailed himself a threatening letter to the Empire studio in Chicago which had 'MAGA' written on it and included racist and homophobic slurs.
It read: 'Smollett Jussie, you will die' and included a drawing of a stick figure with a gun pointed towards it.
He reported it to the police along with producer Dennis Hammer.
When that did not win him a pay rise from 20th Century Fox, however, he allegedly hired the brothers to attack him at 2am on January 29 in what he then told police was a random, racist and homophobic attack.
The attack did happen but was not caught on camera. According to the brothers, they punched him after meeting at an arranged spot and time then ran away and got into a taxi.
Smollett then went home to his friend, 60-year-old Frank Gatson, who was in the apartment and told him that he had been jumped by two masked assailants who shouted: 'Empire f****t n****r', poured bleach on him, tied a noose around his neck and screamed: 'This is MAGA country!'
President Trump tweeted on Thursday after the details of his arrest emerged to demand an apology from the actor who said his attackers shouted 'This is MAGA country!'
Police say that the actor gave himself the scratches on his face that were visible in a hospital-bed selfie he took after reporting it.
The same day, the brothers went to the airport and boarded a flight to Nigeria.
While Smollett received an outpouring of sympathy from politicians, celebrities and public figures around the world, they laid low but were allegedly in contact with the star.
As the police investigation heated up, officers honed in on them by tracking taxis that were in the area at around the time of the incident.
In particular, a ride-share the brothers took to the location gave police their details.
Smollett, a vocal Trump critic, said his attackers shouted 'This is MAGA country!' and later suggested he was targeted because he is so critical of the president
They were then picked up when they returned to Chicago on February 13.
Once in custody, they told police that Smollett had hired them and said it was because he wanted a higher salary.
He paid them a reported $3,500 to carry out the attack, they said, and promised them $500 more when they returned from their trip.
Smollett is in custody awaiting his first court appearance on felony charges of filing a false police report. He will appear before a judge at 1.30pm.
His lawyers issued a statement on Wednesday to protest his innocence and condemn the police for leaking so many details of the investigation.
During the press conference, Superintendent Johnson revealed Smollett went from being treated as the victim in the case to a suspect when the brothers 'confessed' the 'entire plot' in the final hour of a 48 hour hold.
That is when they, in their lawyer's words, 'manned up' and revealed that they had been hired to carry out the attack by the actor himself.
Smollett actually furthered the investigation along by going on Good Morning America and confirming that the two people in a grainy surveillance footage still were the men who attacked him.
He was unaware when he made the remark that Chicago PD had identified those men as the Osundairo brothers and that they had them in custody.
'I come to you today not only as the Superintendent of Chicago Police Department but as a black man who has spent his entire life living in the city of Chicago.
'I know the racial divide. I know how hard it has been for our city and our nation to come together.
'Empire actor Jussie Smollett took advantage of the pain and anger of racism to promote his career.
'I'm left hanging my head and asking why? Why would anyone, especially an African American man, use the symbolism of a noose to make false accusations?
Chicago PD also shared this map of Smollett's movements on the night of the attack and show where it happened. The cameras in the area where it happened were not facing him, to his dismay
Another map shows where the assailants were dropped off in a ride-share, top right, then walked to the attack and fled to get in another taxi afterwards
Chicago Police Department Superintendent Eddie T. Johnson tore through Smollett at a press conference on Thursday where he labeled him 'shameful' and 'despicable'
'How could someone look at the hatred and suffering associated with that symbol and see it as an opportunity to manipulate his own public profile?' Superintendent Johnson said, adding it was a 'slap in the face ' to 'everyone' in Chicago.
'I love the city of Chicago, warts and all, but this publicity stunt was a scar that Chicago didn't earn and certainly didn't deserve.
'The accusations within this phony attack received national attention for weeks...Celebrities, news commentators and even presidential candidates weighed in on something that was choreographed by an actor,' he went on.
He added that he was 'angry and offended' and said it was a travesty that other crimes do not garner as much attention.
'I just wish that the families of the victims of gun violence in this city got as much attention. That is who really deserves this amount of attention.'
He was emphatic, later, about the fact that no other investigations suffered as a result of Smollett's claims, but said: 'Bogus police reports cause real harm.
'They do harm to ever legitimate victim who is in need of support by police.'
Johnson finished his remarks by saying: 'I’ll continue to pray for this troubled young man who resorted to both drastic and illegal tactics to gain attention.
Police say Smollett cut his own cheek to make it look like he had suffered injuries in the attack. He is shown in a hospital bed selfie FaceTiming Lee Daniels, the show's creator, hours after the attack
'I’ll also continue to pray for our city asking that we can move forward from this and begin to heal.'
Police examined footage from 55 surveillance cameras, obtained more than 50 search warrants and conducted more than 100 interviews.
If convicted, Smollett may be asked to repay the money that was spent investigating the crime.
Smollett has not made any statements since he was taken into custody.
His lawyers said on Wednesday night that he would fight the charges with an 'aggressive defense'.
In previous statements, his representatives have angrily hit out at the media and insisted that he is the victim.
Within hours of him being charged, Smollett's attorneys arranged for him to hand himself in quietly at Chicago's 1st District afterwards.
He appeared in his mugshot wearing a black puffer jacket, staring blankly at the camera.
After being processed at the station, he was transferred to the Cook County courthouse where he will appear at 1.30pm. He is being held separately from other detainees.
20th Century Fox, which released a statement hours before he was charged to say it was standing by him, is now reportedly suspending the actor.
20th Century Fox said on Thursday that it was now considering its options. It had been standing by the actor
A press conference is scheduled for 9am CT during which detectives will give more details about the arrest. It is not yet known where he was or what time he was taken into custody.
'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,' the actor's attorneys Todd Pugh and Victor Henderson said.
'Given these circumstances, we intend to conduct a thorough investigation and to mount an aggressive defense.'
The Osundairo brothers testified before the grand jury for about two and a half hours on Wednesday.
Addressing reporters outside afterwards, their attorney Gloria Schmidt said they'd 'manned up' by speaking out against Smollett.
The brothers bought their masks, gloves and a hat in this store the day before the attack
The rope they put around Smollett's neck was bought in this hardware store
They have not been arrested or charged and their lawyer said they had not been offered any form of immunity deal in exchange for testifying against Smollett.
'There was a point where this story needed to be told, and they manned up and they said: "We're gonna correct this."
'Plea deal, immunity, all of that — they don't' care about that.'
She said that Smollett was lying, and that she didn't know how his conscience could let him sleep at night.
'I think Jussie's conscience is not letting him sleep right now and he should unload that conscience and come out and tell the American people what happened,' she added.
'I think the biggest thing for the American people to know. Is that this story, has a lot of complications to it.
'We're not trying to hide anything from the press. But we wanted to make sure that everything checked out.
'When I say that the police spent countless man-hours trying to piece this together, I mean that, I absolutely mean that.
'When I say that my clients spent countless hours getting their story out there to the police so that they could do their work, I mean that, too,' she said.
The brothers' testimony came after footage emerged of them buying ski masks, a red hat and gloves in a store the day before the attack.
The brothers said Smollett also sent himself this letter to the Fox studio where Empire is filmed a week before the attack. If he did, he faces another 5-10 years in prison on a federal mail fraud charge
Abel and Ola Osundairo's lawyers said on Wednesday night that they 'manned up' by telling police that Smollett paid them. Ola once appeared on the show as an extra. He is shown with creator Lee Daniels, right
It was taken on January 28 and shows brothers Abel and Ola Osundairo inside what looks like a drug store buying the masks and one hat.
Smollett told police that he was attacked by two masked assailants who punched him, poured bleach on him, tied a noose around his neck and called him 'Empire n****r f****t'.
No footage has ever emerged of the incident itself.
In the video taken inside the store the day earlier, the brothers look calm as they bring the items to the register.
Abel, whose full name is Abimbola, is dressed in a blue plaid jacket. About 30 seconds into the video, he puts his hood up while standing at the register.
His younger brother Ola, who once appeared on Empire as an extra, is in a green jacket.
The brothers were picked up by police at Chicago O'Hare Airport on Wednesday night as they returned from Nigeria.
Police seized a red hat from the brothers' home along with ski masks when they raided it last week. Smollett said his attackers were wearing masks but there was not a description of a red hat in the initial reports.
Smollett follows the brothers' joint Instagram account where they post videos and photographs of themselves working out
Police have since shared their belief that at least one of them was wearing a red hat at the time of the attack.
Smollett's family, many of whom are also actors, have spoken out repeatedly in support of him since the January 29 attack as have many of his co-stars on Empire.
Among them is Gabby Sidibe, his roommate at one time, who said on Instagram on Wednesday: 'I know him. I believe him.'
Fox also insisted that he was not being written out of the show, as had been claimed, and called him a 'consummate professional' in a statement.
Smollett's lawyers include Mark Geragos, who has represented Michael Jackson and Colin Kaepernick, in the past.
Last Thursday, the actor wept as he said 'who the f*** would make that up' when addressing the skepticism surrounding his version of events during an interview on Good Morning America. He has also called himself the 'gay Tupac' and issued statements via attorneys and representatives condemning coverage of the incident
When news of the attack first emerged on January 29 and 30, Smollett was inundated with support across the political spectrum.
Among those who tweeted their condemnation of him were Democratic presidential hopefuls Kamala Harris and Cory Booker.
But as days went by with no suspects on the horizon, details about the case and the police's investigation into it began to cast doubt on Smollett's version of events.
One of the earliest sources of speculation was the fact that Smollett waited 42 minutes to call the police then refused to hand over his phone to the police for them to verify his story.
He then handed over redacted files that police described as 'insufficient'.
Frustrated with the coverage of his case, he hit out at the media for reporting on leaked information coming from within the Chicago police department and insisted he was the victim.
He then went on Good Morning America to protest his innocence.
In an hour-long interview with Robin Roberts, he wept as he recalled the attack and abhorred the reaction to it.
Choking back tears, he explained when asked why it took so long for him to contact the authorities: 'There is a level of pride there.
'We live in a society where as a gay man you are considered somehow to be weak and I am not weak. I am not weak and we as a people are not weak.'
Later, he added how desperate he was for them to find footage of the attack.
'I want that video found so badly because, for probably four reasons.
'Number one, I want them to find the people that did it.
'Number two, I want them to stop being able to say 'alleged' attack.
'Number three, I want them to see that I fought back,' he continued, welling-up.
'I want a little gay boy who might watch this to see that I fought the f*** back. They ran off,' I didn't,' he said.
After it emerged that Smollett knew the brothers and may have been involved in the staging of the attack, the celebrities and politicians who rushed to support him walked back their claims.
Nancy Pelosi deleted her tweet about it and Cory Booker said he would now be 'withholding judgement' until more information emerged.
Kamala Harris said, when questioned about her tweet that it was a 'modern day lynching', that she was 'very concerned'.
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News Photo Jussie Smollett is released on bail
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