A lawyer from Smollett wants to focus on the role of the brothers in the attack



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CHICAGO (AP) – The lawsuit against Jussie Smollett has been dropped, the actor's lawyer "Empire" is trying to draw attention to two brothers who have told the police that & # 039; They were paid by Smollett to help organize a racist and gay attack against him.

Investigators should consider the role of Abimbola brothers "Abel" Osundairo and Olabinjo "Ola" Osundairo, of Nigerian descent, said attorney Patricia Brown Holmes after prosecutors had dropped the 16 charges against Smollett.

"The two men who attacked him said that they had attacked him, so we already know who attacked him," Holmes said.

The authorities still believe that Smollett had concocted the attack in which he had stated that two masked men had beaten him on Jan. 29. He also shouted: "This is MAGA country" – an apparent reference to President Donald Trump's campaign slogan, "Make America Great Again". Smollett, who is black and gay, also said the men had sprayed him with a chemical and slung him on the neck, and Smollett told a detective that he least one of the attackers was white, according to the Chicago police.

First county prosecutor Cook, Joseph Magats, told reporters that prosecutors had dropped the case because Smollett had lost a $ 10,000 payment and performed community service. Magats also said prosecutors should focus on the violent crimes committed in Chicago.

Authorities said Smollett had created the hoax because he was unhappy with his pay on the Fox show and wanted to promote his career.

The Osundairo brothers told police that Smollett paid them $ 3,500 to help organize the attack. Smollett said the $ 3,500 paid to the brothers was for physical training.

Prosecutors said that Smollett and Abel Osundairo, 25, had become friends in 2017 and that Abel Osundairo was the replacement of a character from "Empire". Court documents said that Olabinjo Osundairo, 27, also appeared as extra in the show.

The two brothers were initially involved in the investigation after the police released grainy images of two "people of interest" in the area the night of the attack.

Chicago police arrested the two brothers in mid-February at the O. Hare International Airport after returning from Nigeria. They were interrogated and their apartment in Chicago was searched.

A few days later, police said the brothers were considered suspects of the attack. But then, the two men were released suddenly and were not charged with a crime.

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The star of the Empire, Jussie Smollett, during his appearance

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Actor Empire Jussie Smollett arrives at a press conference after a hearing in the Leighton Criminal Court on Tuesday, March 26, 2019, in Chicago. Smollett's lawyers, Tina Glandian and Patricia Brown Holmes, said Tuesday morning in a statement that Smollett's file "has been erased". Smollett was charged with 16 counts of false allegations that he was attacked by two men who shouted racist and homophobic slurs. (AP Photo / Amanda Seitz)

Actor Empire Jussie Smollett shows up with a fan as he leaves the Leighton courthouse after a hearing on Tuesday, March 26, 2019 in Chicago. Smollett's lawyers, Tina Glandian and Patricia Brown Holmes, said Tuesday in a statement that Smollett's record "has been erased". Smollett was charged with 16 counts of false allegations that he was attacked by two men who shouted racist and homophobic slurs. (AP Photo / Amanda Seitz)

Actor Jussie Smollett leaves the 101 hearing room in the Criminal Court Hall of Leighton following an emergency hearing held Tuesday, March 26, 2019 for his disorderly conduct. (Jose M. Osorio / Chicago Tribune / TNS via Getty Images)

American television actor Jussie Smollett appears in Leighton Criminal Court with his lawyer, Tina Glandian (left), on March 14, 2019 in Chicago. – Smollett pleaded not guilty Thursday for being accused of being a victim of a racist and homophobic crime. The 36-year-old actor was charged with 16 counts last week for allegedly staging a false attack to gain publicity and earn a bigger salary. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS / AFP / Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett leaves the Leighton courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)

American television actor Jussie Smollett appears in Leighton Criminal Court with his lawyer, Tina Glandian (left), on March 14, 2019 in Chicago. – Smollett pleaded not guilty Thursday for being accused of being a victim of a racist and homophobic crime. The 36-year-old actor was charged with 16 counts last week for allegedly staging a false attack to gain publicity and earn a bigger salary. (Photo by E. Jason Wambsgans / POOL / AFP) (Photo credit should read E. JASON WAMBSGANS / AFP / Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett (C) leaves the Leighton courthouse after his court appearance on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)

CHICAGO, IL – MARCH 14: Actor Jussie Smollett arrives at the Leighton Courthouse on March 14, 2019 in Chicago, Illinois. Smollett is accused of having organized a racist homophobic attack against himself in order to make himself better known because he was unhappy with his salary in the television series "Empire" of the Fox television channel. (Photo by Nuccio DiNuzzo / Getty Images)

Actor Jussie Smollett (C) and his team travel to the Leighton Criminal Court on March 12, 2019 for a hearing in the Chicago Criminal Court. – On March 8, 2019, a Chicago grand jury indicted US actor Jussie Smollett for 16 charges after allegedly lied to the police about being a victim of a crime. racist and homophobic crime. Police said that Smollett – who had become famous about the musical drama of the Fox channel "Empire" – had staged the attack in order to advertise and earn a higher income. (Photo by DEREK HENKLE / AFP) (Photo credit should match DEREK HENKLE / AFP / Getty Images)

Actor Jussie Smollett (C) and his team travel to the Leighton Criminal Court on March 12, 2019 for a hearing in the Chicago Criminal Court. – On March 8, 2019, a Chicago grand jury indicted US actor Jussie Smollett for 16 charges after allegedly lied to the police about being a victim of a crime. racist and homophobic crime. Police said that Smollett – who had become famous about the musical drama of the Fox channel "Empire" – had staged the attack in order to advertise and earn a higher income. (Photo by Nova SAFO / AFP) (The photo credit should read: NOVA SAFO / AFP / Getty Images)

CHICAGO, ILLINOIS – FEBRUARY 21: The actor of the empire Jussie Smollett leaves Cook County Jail after filing a bond on February 21, 2019 in Chicago, Illinois. Smollett was charged with organizing a racist, homophobic attack against himself in order to raise his profile because he was unhappy with his salary. (Photo by Nuccio DiNuzzo / Getty Images)

CHICAGO, ILLINOIS – FEBRUARY 21: Actor Jussie Smollett (partially obscured) Empire leaves Cook County Prison after posting a bond on February 21, 2019 in Chicago, Illinois. Smollett was charged with organizing a racist, homophobic attack against himself in order to raise his profile because he was unhappy with his salary. (Photo by Nuccio DiNuzzo / Getty Images)




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They testified before a grand jury and soon after, Smollett was charged with producing a false report of attack. The brothers' lawyer, Gloria Schmidt, then stated that the brothers had not testified in a plea of ​​guilty with the prosecutors and that they had no immunity from prosecution.

Schmidt said Tuesday in a statement: "The Osundairo brothers were quite willing to testify in any criminal case in the Jussie Smollett case."

In an interview with AP earlier this month, she said the brothers regretted their involvement.

"It started with a relationship with Mr. Smollett, Mr. Smollett was in a position of power over them, a personality who could pull the strings for them and help them in their careers," said Schmidt.

"They thought I was going to help my friend, he's asking for that," she said.

But Smollett's lawyer said the brothers had backed up the actor's version of events.

"The Osundairo brothers said more than once that the $ 3,500 check they received matched exactly what Jussie had said, they were his coaches," Holmes said.

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