Chicago Police Department detectives are investigating a tip that Jussie Smollett and his alleged assailants were seen together on an elevator on the night of the alleged attack.
Smollett, an actor best known for his role in “Empire,” was allegedly attacked on Jan. 29. around 2 a.m. in freezing temperatures in downtown Chicago by two white men. But two black men were arrested late last week and were released after reportedly telling police that Smollett hired them to stage the attack.
The two men, Abel and Ola Osundairo, brothers of Nigerian descent, were allegedly seen with Smollett on the elevator at the actor’s apartment building on the night of the reported incident, police told CBS Chicago. The brothers were also seen in a ride-share near the location of the attack in the Streeterville neighborhood. They arrived before Smollett and were seen sitting on a bench and walking around.
The two people seen in a still image swiped from surveillance footage in the area and circulated widely on suspicion of being the attackers were later confirmed by the police to be the brothers.
Sources said that a passing car gave the brothers pause about going through with the plan but they ultimately did.
NEW:Sources close to investigation.
The brothers were captured on ride-share surveillance camera en-route to attack. “Appear nervous”
Jussie Smollett late to arrive for “attack”
Passing car gives brothers cold feet.
But go through with it anyway.https://t.co/4IwRUDVNs3
— Charlie De Mar (@CharlieDeMar) February 19, 2019
Police confirmed that they received the tip about the trio being together on an elevator.
It wasn’t clear whether the witness saw the trio before or after the alleged attack, a police spokesman told the Wall Street Journal.
The witness is believed to either live in the same apartment building or was visiting when he saw Smollett and the brothers together, reported the Chicago Sun-Times. A police spokesman stressed that the validity of the information hasn’t been confirmed as of yet.
A law enforcement source told the Sun-Times on Tuesday that a grand jury could be empaneled soon to investigate Smollett’s claims in the wake of explosive information that seemed to shift the investigation from an alleged hate crime to an alleged hoax, as law enforcement sources told a number of news agencies that the Nigerian brothers told detectives that Smollett paid them $3,500 to stage the attack and even rehearsed how it should go down with them several days before Jan. 29.
TMZ previously reported that a grand jury would be put in place soon, as early as Tuesday.
Amid the reports, Smollett has maintained his innocence. In an interview published by ABC News, he blasted people who expressed doubt at his attack, details of which almost immediately prompted speculation, such as two supporters of President Donald Trump not only being in Chicago but recognizing Smollett from a television show.
While acknowledging that he knows the brothers, and saying he hired one as a personal trainer, the actor denied their reported account and said he was not involved in planning the alleged attack. His attorneys, Todd Pugh and Victor Henderson, said in a statement on Saturday that the actor was upset and “victimized” by reports.
“Nothing is further from the truth and anyone claiming otherwise is lying,” they said.
Over the weekend, police confirmed that the Osundairos were arrested on suspicion of attacking Smollett but were later released after speaking with detectives. The information “shifted the trajectory of the investigation,” one police spokesman said, saying police were looking to speak with Smollett to try to verify the information.
On Monday, Smollett’s team said he wouldn’t be going to the police to speak with them and officials said they hadn’t heard from the actor’s representatives in terms of setting up an interview.
NOW: Jussie Smollett may be lawyering up, WAY UP, his team’s talking with famed LA defense attorney Mark Geragos – whose rep’d Michael Jackson, Scott Peterson, Chris Brown & on.
It’s *not* a done deal, Jussie’s wavered on counsel, but I’m told could be thisclose. @cbschicago pic.twitter.com/lWWS4djuJi
— Brad Edwards (@tvbrad) February 19, 2019
A police spokesman told Fox reporter Rafer Weigel on Monday that there were no plans to impanel a grand jury but that it could be a last resort if Smollett didn’t submit to an interview voluntarily.
On Tuesday, CBS Chicago reported that Smollett might be hiring a new lawyer. “His team is talking with famed Los Angeles defense attorney Mark Geragos, whose represented Michael Jackson, Scott Peterson, Chris Brown, and on,” reported CBS reporter Brad Edwards.
“It’s not a done deal. Jussie’s wavered on counsel, but I’m told could be this close.”
