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A judge said he would not kick one of Jussie Smollett’s lawyers out of the case, although he believes the lawyer spoke to two men the actor allegedly hired to help lead him a staged racist and homophobic attack.
In his Friday ruling, Cook County Judge James Linn took the unusual step of barring Smollett’s lawyer Nenye Uche from questioning the two brothers, Abinbola and Olabinjo Osudairo, if the case was to be tried, and that another member of the actor’s legal team would have to do so when needed.
The Osundairos came forward shortly after the 2019 incident and told police Smollett allegedly paid them $ 3,500 to assault him on a Chicago street as part of a plan to “raise his profile “because he was not satisfied with his role in Empire.
Defense attorney Nenye Uche, left, must be allowed to remain in the defense team for actor Jussie Smollett, right, but will not be allowed to cross-examine two key witnesses against him
Former Empire actor Jussie Smollett, left, and attorney Nenye Uche are pictured arriving for a hearing earlier this month in Chicago
Special Prosecutor Dan Webb has argued that the alleged conversations between Uche and the brothers in 2019, shortly after Smollett said he was the victim of a hate crime, created a conflict of interest.
However, Judge Linn held that it was in the court’s interest to allow Smollett to retain counsel of his choice “when his liberty is at stake”, even though the judge found Webb’s concerns to be. legitimate.
“The body of evidence clearly and convincingly shows that at different times Mr. Uche spoke to both brothers and their mother,” Linn wrote.
“Judge James Linn discovered that attorney Uche had confidential attorney-client communications with the Osundairo family,” read a memorandum obtained by Fox News. “Judge Linn also found my clients, Ola and Bola Osundairo, to be quite credible.”
Cook County Judge James Linn has made the unusual move to bar Smollett’s lawyer Nenye Uche from questioning the two brothers, Abinbola and Olabinjo Osudairo.
Brother Abimbola ‘Abel’ (left) and Olabinjo ‘Ola’ Osundairo (right) came forward shortly after the alleged incident to tell police the actor allegedly paid them $ 3,500 to assault him on a street in Chicago as part of a plan to ‘raise his profile’ because he was ‘unhappy with his role in Empire’.
“The remedy granted by the court today will protect these communications by prohibiting lawyer Uche from cross-examining them when they appear on the stand.”
“The Osundairo family are satisfied with the outcome and Ola and Bola Osundairo are eager to testify at the trial,” the note said.
The decision came two weeks after Linn held a hearing that the media and the public were not allowed to attend. It was therefore not immediately clear whether Uche continued to deny having spoken to the brothers.
But the judge said there was compelling evidence Uche spoke to the brothers and that the topic of those talks included a check for $ 3,500.
The judge did not elaborate, but central to the case against Smollett is the $ 3,500 he allegedly paid the brothers to carry out the January 2019 attack in which the openly gay black actor said to police that two masked men beat him, sprayed him with liquid and wrapped a makeshift noose around his neck before fleeing.
Smollett, who is accused of lying to police when he reported that two masked men attacked him in downtown Chicago in January 2019. He is pictured arriving for a court hearing more early this month.
He denied the allegations and pleaded not guilty.
Pictured: Shortly after the alleged attack, Jussie Smollett shared photographs of his injuries which he said included a burn to his neck where a noose was placed as well as scratches to his face
Smollett, who was on the Empire TV show at the time of the incident, has been charged with disorderly conduct offenses for allegedly filing false police reports about what happened.
What began as a search for Smollett’s assailants turned into police allegations that Smollett organized everything to advance his career.
Smollett maintained his innocence and pleaded not guilty. But the allegations cost him his role in “Empire,” made him the source of ridicule by everyone from basketball analyst Charles Barkley to comedian Dave Chappelle. And his claim that his attackers told him he was in “MAGA country,” a reference to President Donald Trump’s campaign slogan, “Make America Great Again,” helped make the incident a sensation. national and international.
Smollett has had court hearings throughout 2020 and 2021, but they did not take place in person due to the COVID-19 pandemic.
The next hearing in the case is set for August 2.
Police arrested Smollett on February 21, 2019 (left in ID photo) after saying he lied about the attack. Smollett is pictured right on February 24, 2019, after pleading not guilty to the charges
The actor claimed that two masked men beat him, sprayed him with liquid and put a makeshift noose around his neck before running away.
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