The Chicago police arrest and investigate Obabinjo Osundairo and Abimbola Osundairo, but later that day, release both brothers without charging them. A statement released by Guglielmi said: “The individuals questioned by police in the Empire case have now been released without charging and detectives have additional investigative work to complete.”
CBS Chicago add that “two sources with intimate knowledge of the investigation tell CBS 2 Investigator Brad Edwards the attack on Smollett was potentially orchestrated by the actor himself, and involved two other men.” The report adds that “police said while there is no evidence documenting the alleged attack, there is also no evidence to say it is a hoax. They said Smollett is being co-operative at this time and continues to be treated as a victim, not a suspect.”
February 16
A new CBS report from an anonymous source claims that the Osundairo brothers “told detectives Smollett paid them to participate in the alleged attack on January 29 and that they purchased the rope – which was found around Smollett’s neck — at a nearby hardware store. The source said detectives have evidence to corroborate the sale, something the men’s attorney alluded to Friday night.”
The sources said that the brothers were paid $3,500 before leaving for Nigeria on January 29 and were promised a further $500 upon their return. The pair also rehearsed the attack three days before it took place.
For the first time in the incident, Smollett’s response comes via two lawyers, Todd S Pugh and Victor P Henderson. They release a statement: “Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with. He has now been further victimised by claims attributed to these alleged perpetrators that Jussie played a role in his own attack. Nothing is further from the truth and anyone claiming otherwise is lying.
“One of these purported suspects was Jussie’s personal trainer who he hired to ready him physically for a music video. It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie’s complicity.
“Jussie and his attorneys anticipate being further updated by the Chicago Police Department on the status of the investigation and will continue to cooperate. At the present time, Jussie and his attorneys have no inclination to respond to “unnamed” sources inside of the investigation, but will continue discussions through official channels.”
Chicago police confirm to EW that the investigation has changed, and they will be doing another interview with Smollett: “We can confirm that the information received from the individuals questioned by police earlier in the Empire case has in fact shifted the trajectory of the investigation. We’ve reached out to the Empire cast member’s attorney to request a follow-up interview.”
A source told Deadline, meanwhile: “The new direction of the investigation is now based on the premise that Mr Smollett was an active participant in the incident.”
February 17
Guglielmi confirms that the follow-up interview with Smollett had not yet been conducted, and declined to comment on reports that the police believed Smollett staged the attack or that evidence may be presented to a grand jury.
“We’re not confirming, denying or commenting on anything until we can talk to him and we can corroborate some information that we’ve gotten,” Guglielmi said.
A law enforcement source tells Deadline that there is a “sense of frustration” over the lack of formal response from Smollett’s team regarding a further interview to go over new evidence.
February 18
The Chicago police are still keen to meet with Smollett, but, a spokesperson for Smollett’s lawyers said: “There are no plans for Jussie Smollett to meet with Chicago police today.
“Smollett’s attorneys will keep an active dialogue going with Chicago police on his behalf. We have no further comment today.”
February 19
Chicago police confirm that they and prosecutors have spoken again with the Osundairo brothers at a courthouse. After receiving a tip that Smollett was seen in a lift with the pair shortly before the attack, Chicago police investigate, but confirm in a statement that they do not believe the report is credible.
February 20
Guglielmi announces that the local attorney’s office has approved felony charges against Smollett for “Disorderly Conduct / Filing a False Police Report”. The police spokesman writes on Twitter: “Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest.”
Smollett’s lawyers said that they would “conduct a thorough investigation and mount an aggressive defence”.
