Jussie Smollett juror says they were convinced he lied about hate crime after he gave poor testimony

A juror who tried the Jussie Smollett trial said she and the other 11 members of the panel were immediately convinced of his guilt – and that the actor’s poor testimony sealed his fate. 

The jury of six men and six women took nine hours to deliberate, the female anonymous juror said: ‘it was not evenly split, but there were some doubters.’ 

But, the juror said, they didn’t have any major disagreements. Rather, they wanted to be sure that they carefully reviewed the spate of evidence presented during the one-week trial. 

In the end, she said, the jury ‘all thought [they] were doing Jussie a favor when they chose to convict the actor of five, rather than six, counts of disorderly conduct.  

The female juror, who declined to be named, said that Special Prosecutor Dan Webb was ‘methodical’ and ‘plodding’ in his arguments, making the case against Smollett seem ‘seamless.’

In comparison, Smollett’s attorney Nenye Uche seemed to be ‘just shooting from the hip,’ and left her unsatisfied with unsubstantiated claims, like the assertion that Nigerian brothers Abimbola and Olabinjo Osundairo demanded $1 million each from the Empire actor to change their story.  

The female juror, who declined to be named, said that Special Prosecutor Dan Webb (pictured left in a court sketch) was ‘methodical’ and ‘plodding’ in his arguments, making the case against Jussie Smollett (pictured righr) seem ‘seamless’

Smollett’s attorney Nenye Uche (pictured) seemed to be ‘just shooting from the hip,’ the juror said, left her unsatisfied with unsubstantiated claims, like the assertion that Nigerian brothers Abimbola and Olabinjo Osundairo demanded $1 million each from the Empire actor to change their story

The brothers’ testimonies, she said, were more convincing than Smollett – although neither brother was entirely honest, in the jury’s estimation.

Smollett’s argument could have been bolstered by the testimony of Frank Gatson, who was on the defense team’s list of potential witnesses but never took the stand.  

Gatson reported the incident against Smollett’s wishes, the openly-gay actor claimed during his day of testimony on Monday, saying that he didn’t do so because he is a ‘Black man in America’ and therefore ‘doesn’t trust police,’ and that he didn’t want to be portrayed as the ‘f***** who just got his ass beat.’

‘We all wanted to hear from Frank,’ the juror told the Chicago Sun-Tribune. 

Smollett’s defense consisted of character witnesses and three and a half hours of direct examination. 

But, although Smollett detailed his involvement with the brothers, including a sexual encounters at a gay bath house with Abimbola Osundairo, a visit to a strip club with Olabinjo Osundairo, Abel’s paid role as his nutritionist and that brothers’ offers to become his security guard, he could why two brothers were in his neighborhood that night, if not to commit a staged attack as he’d instructed them to do. 

Brothers Abimbola (left) and Olabinjo Osundairo (right) were more convincing in their testimony, the juror said 

Although Smollett detailed his involvement with the brothers, including a sexual encounters at a gay bath house with Abimbola Osundairo (pictured left), a visit to a strip club with Olabinjo Osundairo, Abel’s paid role as his nutritionist and that brothers’ offers to become his security guard, he could why two brothers were in his neighborhood that night, if not to commit a staged attack as he’d instructed them to do

Smollett raised his fist as he entered the courthouse. Smollett maintains that the attack was not a hoax and was an actual, homophobic hate crime

His attorney failed to offer a motive for why the brothers might have lied, suggesting that it could have been because Abel was pretending not to be gay and Ola was a homophobe, or also that they wanted him to hire them as security guards so scared him into thinking that he needed them.

But the brothers’ testimony clicked, the juror said. Their story was unchanging – Smollett had paid them to carry out the attack, they said, told them to buy red hats to resemble Donald Trump supporters and even walked them through a ‘dry run’ of the attack days before it was committed. 

Smollett, 39, is was convicted on five of six counts of felony disorderly conduct for making what prosecutors say was a false police report about the alleged attack – one count for each time he gave a report – to three different officers. 

Each class 4 felony carries a prison sentence of up to three years, but experts have said he will likely be placed on probation and ordered to perform community service.  

Smollett told the three officers that unknown assailants doused him in bleach and slung a noose around his neck near his Chicago apartment building on January 29, 2019 while proclaiming that ‘this is MAGA country, n****.’

Cops began to doubt this story after 26 officers spent 3,000 hours and more than $100,000 investigating his claims. 

The decision on that sixth count was the one that the jury struggled with, she said. 

On February 14, the count alleged, the actor lied to police in an interview when he reported that he was the victim of an aggravated battery. The other five counts stemmed from his false reports to police in the hours after the attack. 

The jury, she said, was confused about the last charge and why it was different than the others.  

Jussie Smollett’s attorney failed to offer a motive for why the brothers might have lied, suggesting that it could have been because Abel was pretending not to be gay and Ola was a homophobe, or also that they wanted him to hire them as security guards so scared him into thinking that he needed them

‘We were told it was an aggravated battery because he said they were wearing a mask,’ the juror said. 

But ‘in all [of Smollett’s] accounts of what happened, he mentioned a mask.’

If prosecutors had charged each of the counts ‘the same,’ she said, she thinks ‘we would have found him guilty on all six.’

Despite Smollett’s unconvincing testimony, the decision to convict him was still a difficult one, she said.

‘It wasn’t an easy decision. You’ve got the mother sitting there. You feel bad. We didn’t know what the penalty would be. Are we sending this guy to jail?’ she said. 

‘I just hope that [Smollett and his attorneys] know that we went in there with an open mind,’ the juror said. 

‘I listened to both sides. We wanted to make sure that those who had doubts didn’t feel pressured.’

Uche said after the Thursday conviction that she would be appealing due to the jury’s ‘inconsistent’ verdict, saying that they ‘cannot say Jussie is not lying for the same exact incident.’

TIMELINE OF JUSSIE SMOLLETT HOAX ATTACK SCANDAL

Jan. 22, 2019

Smollett receives a racist and homophobic threatening letter at the studio in Chicago where ‘Empire’ is filmed. Police later say they believe Smollett sent the letter himself.

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 

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 

Jan. 29, 2019

Jussie Smollett tells police he was attacked by two men in downtown Chicago at 2 a.m. 

The actor says the men used racist and homophobic slurs, wrapped a rope around his neck and poured an ‘unknown substance’ on him. 

Police say Smollett, who is Black and gay, told detectives the attackers also yelled he was in ‘MAGA country’

Jan. 30, 2019

Chicago police say they’ve reviewed hundreds of hours of surveillance camera footage, including of Smollett walking downtown, but none shows the attack. 

Police obtain and release images of two people they want to question, calling them ‘persons of interest’

Feb. 1, 2019

Smollett issues a statement saying he’s OK, that he’s working with authorities and has been ‘100 percent factual and consistent on every level.’

Feb. 2, 2019

Smollett opens a concert in West Hollywood, California, with an emotional speech, saying he had to play the show because he couldn’t let his attackers win

Police released this image of ‘persons of interest’ taken near the reported attack

Feb. 13, 2019

Chicago police pick up two Nigerian brothers at Chicago’s O’Hare International Airport after police learn at least one worked on Empire

Police question them and search their apartment 

Jussie Smollett on Good Morning America on February 14, 2019 

February 20, 2019

Smollett is charged 

Feb. 21, 2019

Chicago police say Smollett surrenders to face a felony charge of disorderly conduct, punishable by up to three years in prison.

Chicago Police Superintendent Eddie Johnson says Smollett staged the attack because he was unhappy with his salary and wanted publicity. Investigators say they have a $3,500 check that Smollett used to pay the two brothers to help him.

Chicago Police Department Superintendent Eddie T. Johnson tore through Smollett at a press conference on Thursday where he labeled him ‘shameful’ and ‘despicable’ 

Feb. 22, 2019

Jussie Smollett is shown in his mugshot in February 2019

Empire producers say Smollett’s character to be removed from the final two episodes of the season.

March 7, 2019

A Cook County grand jury returns a 16-count indictment charging Smollett with falsely reporting an offense

March 26, 2019

Smollett’s attorneys say charges alleging he lied to police have been dropped.

March 28, 2019

A city official says Chicago is seeking $130,000 from Smollett to cover the cost of the investigation into his reported beating, which police say was staged.

Smollett’s attorney Tina Glandian claims on TV that the attackers could have been wearing ‘white face’ and that’s what made him describe them as light-skinned  

April 11, 2019

The city of Chicago files a lawsuit seeking to recoup the investigation costs.

Jussie Smollett’s lawyer Tina Glandian suggested on Thursday that the reason he told police his Nigerian attackers were white was because they ‘might have been wearing white face’ and had disguised themselves. Her evidence of the theory is 2016 video of Abel Osundairo (right) dressed up as the Joker 

Cook County State’s Attorney Kim Foxx  recused herself from the Smollett case

April 23, 2019

The brothers who said they helped Smollett stage the attack file a defamation lawsuit against the actor’s attorneys.

Aug. 23, 2019

Judge names former U.S. Attorney Dan Webb as special prosecutor to investigate why charges against Smollett were dropped.

Feb. 11, 2020

Webb says grand jury returns six-count indictment against Smollett, accusing him of lying to police.

Feb. 24, 2020

Smollett pleads not guilty to restored charges.

Oct. 15, 2021

Judge James Linn denies a last-ditch effort to dismiss the criminal case against Smollett and sets his trial for Nov. 29.  

November 29, 2021: Jury selection begins