Judge James Linn said during an October hearing no cameras will be allowed in court. On the same day attorneys for the actor made a final push to have the case dismissed. The judge denied the motion.
With the trial kicking off more than two years after Smollett said he was attacked, here’s a look at how we got here.
told authorities he was attacked in the early morning hours of January 29, 2019 by two men who were yelling racial and homophobic slurs. He said the two men put a noose around his neck and poured an unknown substance on him, according to Chicago police.
politicians and advocacy
groups rallied behind the actor, with former President Donald Trump calling the alleged attack “horrible.” In his first public
statement since the reported attack, Smollett thanked his fans for the support and
attempted to dispel doubts questioning the integrity of his story, saying he had “been 100% factual and consistent on every level.”
Police began an investigation, taking Smollett’s sweater and rope and eventually obtaining video showing the actor entering a Lowes store after the alleged attack with what appeared to be a noose around his neck.
found surveillance footage showing “potential persons of interest wanted for questioning.”
Two brothers confess to plot
allegedly paid two brothers $3,500 to stage the attack to take “advantage of the pain and anger of racism to promote his career,” saying the brothers confessed to the plot.
“As far as we can tell, the scratching and bruising that you saw on his face were most likely self-inflicted,” Johnson said in late February 2019.
text messages and hours of surveillance video.
by sending a false letter that relied on racial, homophobic and political language,” Johnson said in February 2019. A week before the alleged attack, a letter containing white powder and a drawing of a “stick figure hanging from a tree” was sent to the Chicago set of “Empire,” police said. Prosecutors said Smollett told Abimbola Osundairo he was disappointed in the “Empire” team’s reaction to the letter. The powder turned out to be aspirin.
two brothers were released without being charged.
apologized to the show’s cast and crew for any embarrassment the allegations may have caused but maintained he was innocent.
Smollett is indicted on 16 felony counts
16 felony counts of disorderly conduct by a Cook County, Illinois, grand jury. The indictment said that after the alleged attack, Smollett gave statements to both a Chicago police officer and to a detective but that details in those statements were different.
An attorney for Smollett at the time called the indictment a “prosecutorial overkill” and a “desperate attempt to make headlines,” adding the actor maintained his innocence.
pleaded not guilty.
About a week before the charges were announced, Cook County State’s Attorney Kim Foxx removed herself from the case to address potential concerns of impartiality “based upon familiarity with potential witnesses in this case,” a spokeswoman from her office said.
All charges are dropped
prosecutors dropped all charges against Smollett on March 26, 2019. Revealing little about the reason why, the Cook County State’s Attorney’s Office said the decision came after reviewing the case and after the actor agreed to forfeit his $10,000 bond. Parts of the case were sealed, one of Smollett’s attorneys said.
“After reviewing all of the facts and circumstances of the case, including Mr. Smollett’s volunteer service in the community and agreement to forfeit his bond to the City of Chicago, we believe this outcome is a just disposition and appropriate resolution to this case,” the state’s attorney’s office said in a statement.
First Assistant State’s Attorney Joseph Magats, the lead prosecutor, said Smollett had no prior felonies and was not a danger to the community. He added that thousands of other cases had similar results but that this one stood out in the media because of Smollett’s celebrity.
After a brief appearance in a courtroom, Smollett told reporters he was thankful to everyone who stood by him and that he had been “truthful and consistent on every single level since day one.”
His attorney, Patricia Brown, said the two brothers were Smollett’s trainers and that he only paid them for “nutrition and training.”
“This entire situation is a reminder that there should never be an attempt to prove a case in the court of public opinion,” two of the actor’s attorneys said in a statement. “Dismissal of charges against the victim in this case was the only just result.”
City officials condemned the dropped charges, with the former Chicago Mayor Rahm Emanuel calling the case a “whitewash of justice” that sent a “clear message that if you’re in a position of influence and power, you’ll get treated one way. Other people will be treated another way.”
Johnson, the former police superintendent, said he stood by the investigators’ conclusions that Smollett staged the attack, saying the way Smollett could have cleared his name was “in a court of law so that everybody could see the evidence.”
costs of the investigation into his alleged attack — more than $130,000 — and gave him a week to do so, kicking off a legal battle after the actor refused to pay.
Police release investigative reports
released a portion of their investigative reports in the case, which shed light on investigators’ interactions with the Osundairo brothers — including one instance in which one brother told detectives it “felt good” to tell the truth.
After the reports were made public, the police department was “then advised of a court order prohibiting such release,” then police spokesman Anthony Guglielmi said in a tweet.
called for a federal investigation into Foxx, the state’s attorney for Cook County, to evaluate her involvement in the case following news reports about text messages between her and an attorney about “diverting the case from Chicago police department to a federal investigation,” Chicago Fraternal Order of Police President Kevin Graham
said in March 2019.
investigate her office’s handling of Smollett’s criminal case, saying that “ensuring that I and my office have the community’s trust and confidence is paramount to me.”
Judge approves a special prosecutor
approved the appointment of a special prosecutor to independently investigate the handling of Smollett’s case. The special prosecutor would have the authority to pursue charges for any crime committed during the investigation — including further prosecution of Smollett.
more than 400 pages of search warrants and some text messages that police released to the media.
Smollett’s personal electronic data — including his search history, photographs, files and geolocation data — to the special prosecutor.
Smollett’s publicist declined to comment on the search warrant at the time. Google did not immediately respond to CNN’s request for comment at the time.
Grand jury returns six-count indictment
The indictment charged Smollett with making four separate false reports to Chicago police officers, according to a statement from Webb’s office released at that time.
Several factors went into that determination, “including the extensive nature of Mr. Smollett’s false police reports, and the resources expended by the Chicago Police Department to investigate these false reports,” Webb said.
weeks before the 2020 primary election as political. In November 2020, she won reelection for
a second term.
Smollett’s attorney, Tina Glandian, said in a statement following the six-count indictment that the earlier charges were appropriately dismissed “because they were not supported by the evidence” and said the new attempt to prosecute the actor “is clearly all about politics not justice.”
a not guilty plea on her client’s behalf.