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Jussie Smollett’s Attorneys Call For Mistrial, Accuse Judge Of ‘Lunging,’ Making Faces

Chicago, IL – The courtroom where the criminal trial of Jussie Smollett is being held turned into a madhouse on Thursday afternoon when defense attorneys made accusations against the judge and called for a mistrial.

The prosecution ended its case on Dec. 2, during the fourth day of the high-profile trial of the former “Empire” star accused of having staged a fake hate attack against himself on Jan. 29, 2019, WBBM reported.

Smollett is facing six felony disorderly conduct charges for orchestrating the attack he claimed had been perpetrated by two white supporters of President Donald Trump as the actor was walking home from a Subway restaurant.

He claimed the men called him homophobic and anti-black slurs and told him “This is MAGA country” as they beat him up and put a noose around his neck. He also said they threw a chemical on him.

Police believed that Smollett was a victim until the men who helped him perpetrate the hoax – brothers Ola and Abel Osundairo – returned from Nigeria and were taken into police custody.

The brothers told police that Smollett paid them to perpetrate the hoax racist and homophobic attack on him and produced a check for $3,500.00 to prove it.

Earlier in the week, prosecutors showed the jury a video from security cameras near the scene of the alleged attack that featured the Osundairo brothers and Smollett doing a dry-run two days before the actor claimed he was jumped, the Daily Mail reported.

Defense attorneys have suggested that the Osundairo brothers were homophobic and that was part of their motive for the attack on Smollett, WBBM reported.

However, the special prosecutor produced pictures of Ola flexing and tossing out condoms from a Trojan Pride Parade float several years ago that painted a different picture of the witness.

The defense has also argued that the Osundairo brothers wanted to provide security for Smollett and had attacked him to scare him into hiring them, WBBM reported.

Attorneys for the defense also suggested earlier on Thursday that the brothers had tried to extort $1 million each out of Smollett in exchange for not testifying that he had staged the faux hate crime, WMAQ reported.

When defense attorney Tamara Walker cross examined Ola Osundairo, she asked him about tweets in which she accused him of using homophobic language.

The witness admitted to having called someone a “fruity a—“ at some point and Walker asked him if Smollett had known about him using that sort of homophobic slur, MEAWW reported.

Cook County Judge James Linn stopped Walker and warned she was getting into “collateral” territory, WBBM reported.

Then Linn told the jury the interrogation about whether Ola Osundairo was homophobic was irrelevant to the case at hand, according to MEAWW.

That was when Walker asked for a sidebar and the judge quickly cleared the jury from the courtroom, WBBM reported.

Walker asked for a mistrial because of the judge’s comment.

Then the defense attorney started crying and claimed Linn “physically lunged” at her, MEAWW reported.

The judge has denied Walker’s claim.

He also denied her motion for a mistrial, MEAWW reported.

“When you said the word mistrial on these grounds frankly I was stunned you’d even consider a mistrial based on this,” Linn told the defense.

Another attorney accused the judge of having snarled and made faces during the testimony, according to WBBM.

Legal experts have said Walker’s outburst and whatever may have taken place during the sidebar would not affect the outcome of the trial since the jury wasn’t in the courtroom, MEAWW reported.

The prosecution rested on Thursday afternoon and the defense began putting witnesses on the stand, WBBM reported.

Linn didn’t break for the day until 8:15 p.m.

Closing arguments are expected to wrap up no later than Tuesday and then the case will go to the jury for deliberations, WBBM reported.

Written by
Sandy Malone

Managing Editor - Twitter/@SandyMalone_ - Prior to joining The Police Tribune, Sandy wrote the Politics.Net column for the Wall Street Journal and was managing editor of Campaigns & Elections magazine. More recently, she was an internationally-syndicated columnist for Conde Nast (BRIDES), The Huffington Post, and Monsters and Critics. Sandy is married to a retired police captain and former SWAT commander.

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Written by Sandy Malone

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