Chris Spargo and Jennifer Smith, Daily Mail, April 11, 2019
Jussie Smollett deliberately tried to mislead authorities by claiming that the men who ‘attacked’ him as white, according to a lawsuit.
The City of Chicago is suing actor Jussie Smollett after the actor refused to pay $130,106 worth of overtime that was accrued by police investigating a January incident that authorities believe was a stage attack.
A complaint obtained by DailyMail.com reveals that the city will be seeking that overtime amount and more in damages that were cause when Smollett ‘submitted a false police report claiming that he was the victim of a racist and homophobic beating by unknown attacker.’
Smollett was accused of staging an attack on himself on January 29 to try to get a raise on Empire. Police say he paid Abel and Ola Osundairo to beat him in what he then described as a racist, homophobic attack by two Trump-loving perpetrators.
The suit states that the actor told cops that the primary attacker ‘was wearing a ski mask that covered his entire face, with the exception of the area around his eyes, by which (Smollett) could tell the attacker was white-skinned.’
‘(Smollett) made this statement despite knowing that the Osundairo Brothers are not white-skinned,’ it continues.
‘By providing this false description, (Smollett) purposely misled the CPD officers to believe that his attackers were white, when, in fact, (Smollett) knew that his attackers were the Osundairo brothers.’
‘At no point did Defendant inform police that he knew his attackers or recognized their appearances or voices.’
The complaint also provides a preview of some new information in the case that had not yet been revealed, including Smollett’s cell phone records.
‘On the evening of January 28, 2019, [Smollett’s] flight into Chicago was delayed, and he called Abel telling him he needed to delay the staged attack, and Abel agreed,’ states the court filing
It is later noted that ‘cell phone records indicate that at 12:49 A.M., [Smollett]and Abel spoke by telephone. During this call, [Smollett] told Abel the attack should take place at 2:00 A.M. at the agreed-upon location. Minutes later, Ola ordered an Uber to pick the Osundairo Brothers up at their home.’
The case against him was suddenly and unexpectedly dropped last month by the State’s Attorney’s Office in questionable circumstances.
State Attorney Kim Foxx, whose office was in charge of the probe, has faced repeated calls to resign over her handling of the case.
The Chicago Police Department’s Superintendent, Eddie Johnson, was aghast when her office decided to drop the case as was Mayor Rahm Emanuel.
They say it sent a clear message that Smollett was favored because he has friends in high places and there was widespread public outcry over the decision too.
The police complaint is likely to further inflame anger at the decision.
There is one glaring inconsistency however in the complaint and the initial police report.
‘[Smollet] told the CPD officers that his primary attacker (now known to be Abel) was wearing a ski mask that covered his entire face, with the exception of the area around his eyes, by which Defendant could tell the attacker was white-skinned,’ reads the complaint.
‘[Smollett] made this statement despite knowing that the Osundairo Brothers are not white-skinned.’
That is not what the police report that was initially filed in he case stated however, with the officer who spoke with Smollett writing: ‘The primary attacker was wearing a black mask concealing any facial features.’
There is also no indication that either of the suspects was white in the report filed by the officers who first spoke with Smollett, despite police now claiming in this complaint that Smollett said this at the scene.
‘By providing this false description, Defendant purposely misled the CPD officers to believe that his attackers were white, when, in fact, Defendant knew that his attackers were the Osundairo Brothers,’ reads the complaint.
Smollett did state that one of the attackers was white in a subsequent interview with a detective according to police filings in the case, but never once had it been said that he relayed that claim at the scene until Thursday.
The complaint also reveals that Smollett stayed in contact with the Osundairo brothers after the alleged attack on two occasions.
This complaint was filed as promised by the city following a letter to Smollett demanding he pay for their police force’s overtime on the case.
That was met with a blistering response from Smollett’s lawyer.
‘Your letter is both factually and legally flawed, and Mr. Smollett will not be intimidated into paying the demanded sum,’ stated Smollett’s lawyer Mark Geragos.
‘Your claim that Mr. Smollett filed a false police report and orchestrated his own attack is false and defamatory.’
He then threatened to depose a number of Chicago heavyweights should the city try and file a legal demand, including former mayor Rahm Emanuel.
Smollett’s team has never offered an alternative explanation for why the brothers, who he knew and had paid for personal training, would attack him.
One of his lawyer’s most bizarre attempts at explaining the case however was that he told police one of his attackers was white because the Nigerian brothers ‘might have been wearing white make-up’.
The brothers told police Smollett enlisted them to beat him up and that he betrayed them by then going to the police, claiming to know nothing about the incident.
This has all bizarrely played out as Emanuel leaves office, spending his final days raging at Smollett and Cook County prosecutors for tossing out the 16-count grand jury indictment that was filed against the actor.
It is unclear how new mayor Lori Lightfoot will respond to this filing, in what will likley become her first moment on the national stage in her new role as mayor of the city.
Meanwhile Jussie Smollett was all smiles during a day at the beach in Hawaii on Wednesday as he enjoyed some down time with his family.
The 36-year-old Empire actor was pictured laughing as he ate , talked to his sisters and unloaded a car with children’s bags and towels for a fun-filled day out.
They were spotted at the Kaloko-Honokōhau National Historical Park in Kailua on the Big Island.
It is unclear how long he has been in Hawaii. His sisters, Jazz and Jurnee, supported him throughout his case but did not attend court as frequently as his brothers did.