By DON BABWIN, Associated Press
CHICAGO (AP) — "Empire" actor Jussie Smollett staged a racist and homophobic attack because he was unhappy about his salary and wanted to promote his career, Chicago's police superintendent said Thursday.
Before the attack, Smollett also sent a threatening letter that targeted himself to the studio in Chicago where "Empire" is shot, Superintendent Eddie Johnson said.
Smollett turned himself in and was arrested earlier Thursday to face accusations that he filed a false police report when he told authorities he was attacked in Chicago by two men who hurled racist and anti-gay slurs and looped a rope around his neck, police said. Smollett was expected to appear in court Thursday afternoon.
"He took advantage of the pain and anger of racism to promote his career," Johnson told reporters at a news conference.
"This publicity stunt was a scar that Chicago didn't earn and certainly didn't deserve," he later added.
The FBI has been investigating the letter sent before the attack. Johnson would not say whether Smollett could face charges for that.
Fox Entertainment and 20th Century Fox Television, which make "Empire," issued a statement Thursday saying, "We are evaluating the situation and we are considering our options."
In less than a month, Smollett went from being the seemingly sympathetic victim of a hate crime to being accused of fabricating the entire thing. The 36-year-old was charged Wednesday with felony disorderly conduct, a charge that could bring up to three years in prison and force the actor, who is black and gay, to pay for the cost of the investigation into his report of a Jan. 29 beating.
Johnson maintained Thursday that police treated Smollett as a victim until two brothers they had taken into custody for questioning last week admitted to helping him stage the attack. He said it was the brothers who also explained Smollett's motive to detectives. Authorities have a check for $3,500 that Smollett paid the brothers, he said.
Smollett, who plays a gay character on the hit Fox television show "Empire," said he was attacked as he was walking home from a downtown Subway sandwich shop. He said the masked men beat him, made derogatory comments and yelled "This is MAGA country" — an apparent reference to President Donald Trump's campaign slogan, "Make America Great Again" — before fleeing.
"We understand the seriousness of this matter and we respect the legal process. We are evaluating the situation and we are considering our options."
In describing what police believe actually happened, Johnson made it sound as if Smollett was casting and directing a short movie.
"He probably knew he needed somebody with bulk," he said of Smollett's decision to hire the two muscular brothers. Police have said at least one of the brothers worked on "Empire," which follows a black family as they navigate the ups and downs of the recording industry, and Smollett's attorneys said one of the men is the actor's personal trainer.
When it came time to stage the attack, Johnson said, Smollett chose a spot that he believed would be captured by one of Chicago's many security cameras. "But unfortunately," Johnson said, "that particular camera wasn't pointed in that direction."
The brothers, who are not considered suspects, wore gloves during the staged attack and "punched him a little bit," Johnson said. Scratches and bruising Smollett had on his face were "most likely self-inflicted," Johnson said.
In a statement Wednesday, attorneys Todd Pugh and Victor Henderson said 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."
Detectives found the two brothers after reviewing hundreds of hours of video. The released images of two people they said they wanted to question and last week picked up the brothers at O'Hare International Airport as they returned from Nigeria. Police questioned the men and searched their apartment.
The brothers, who were identified by their attorney as Abimbola "Abel" and Olabinjo "Ola" Osundairo, were held for nearly 48 hours on suspicion of assaulting Smollett.
The brothers appeared before a grand jury on Wednesday to "lock in their testimony," according to police spokesman Anthony Guglielmi. Smollett was charged by prosecutors, not the grand jury.
Speaking outside the courthouse where the grand jury met, the brothers' attorney said the two men testified for about two and a half hours.
"There was a point where this story needed to be told, and they manned up and they said we're going to correct this," Gloria Schmidt said.
She said her clients did not care about a plea deal or immunity. "You don't need immunity when you have the truth," she said.
Smollett has been active in LBGTQ issues, and initial reports of the assault drew outrage and support for him on social media, including from Sen. Kamala Harris of California and TV talk show host Ellen DeGeneres.
Referring to a published account of the attack, Trump last month that "it doesn't get worse, as far as I'm concerned." On Thursday, he tweeted to Smollett: "What about MAGA and the tens of millions of people you insulted with your racist and dangerous comments!? #MAGA."
Former Cook County prosecutor Andrew Weisberg said judges rarely throw defendants in prison for making false reports, opting instead to place them on probation, particularly if they have no prior criminal record.
Smollett has a record — one that concerns giving false information to police when he was pulled over on suspicion of driving under the influence. According to records, he was also charged with false impersonation and driving without a license. He later pleaded no contest to a reduced charge and took an alcohol education and treatment program.
Another prospective problem is the bill someone might receive after falsely reporting a crime that prompted a nearly monthlong investigation, including the collection and review of hundreds of hours of surveillance video.
The size of the tab is anyone's guess, but given how much time the police have invested, the cost could be huge.
Weisberg recently represented a client who was charged with making a false report after surveillance video discredited her account of being robbed by three men at O'Hare Airport.
For an investigation that took a single day, his client had to split restitution of $8,400, Weisberg said. In Smollett's case, "I can imagine that this would be easily into the hundreds of thousands of dollars."
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