Jussie Smollett’s lawyers want a videotaped conversation between a key witness and his attorney allowed as evidence in the former “Empire” actor’s ongoing criminal case.
The video was provided to Smollett’s lawyers during a pretrial exchange of evidence and shows a discussion between Olabinjo Osundairo and his attorney Gloria Schmidt Rodriguez while Osundairo was in Chicago police custody last year, Smollett’s lawyers said in court Friday.
Smollett’s lawyers say they believe the video would present evidence of a conspiracy against their client.
Cook County Judge James Linn did not make a ruling about whether the recording would be entered into evidence, saying he wanted to see the video before doing so.
The actor’s attorneys say they will file a brief in support of getting the video admitted into evidence next week.
Osundairo and his brother were initially suspects in a police investigation after Smollett claimed he was attacked near his Streeterville home by two masked white men who made racist and homophobic comments, punched him and put a thin, rope noose around his neck.
Soon after, police officials announced that their investigation determined Smollett had paid the Osundairo brothers to stage the attack and charges were brought against Smollett by the state’s attorney office.
In a controversial decision, those charges were later dropped by prosecutors.
Smollett was indicted again on multiple counts of filing a false police report in February after a special prosecutor was appointed to review the case.