Jussie Smollett Pushes To Get Case Against Him Dismissed, Calls Out ‘Illegal & Incompetent Evidence’
Jussie Smollett’s legal battle continues as he tries once again to get the lawsuit against him dismissed. The former “Empire” star is being sued for allegedly staging a hate crime against himself last January. While the previous felony charges against him were dropped, a second indictment was filed based on a grand jury decision, which included testimony from brothers Abimbola and Olabinjo Osundairo. They previously alleged that Jussie Smollett paid them to attack him because he was upset about his salary at the Fox show.
Chicago Judge Michael Toomin said the case concerning the first round of charges, which were dropped in March 2019, was invalid ever since Cook County State’s Attorney Kim Foxx recused herself from the case on Feb. 13, 2019. Judge Toomin ruled that a second investigation from a special prosecutor, Dan Webb, was needed to continue faith in the justice system. Webb then filed new charges against Jussie Smollett in February after grand jury testimony from the brothers.
In his latest move, Jussie Smollett filed a motion to dismiss the case, claiming that “illegal and incompetent evidence” was collected from the Osundairo brothers.
The motion reads:
“The OSP cannot have it both ways. It cannot convene a special grand jury based on Judge Toomin’s Order but then rely on the transcripts from those ‘void’ proceedings to secure a new indictment.”
“Furthermore, there is no legitimate reason why the Osundairo brothers were not called to provide live testimony to the special grand jury, particularly when they live locally in Chicago, were available and cooperating with the OSP, and reportedly met with the OSP for hours only one month earlier.”
It then alleges that a reason the brothers weren’t called in for live testimony is because the:
“OSP did not want to suborn further perjury by the Osundairo brothers, it did not want to risk having the brothers make additional contradictory statements prior to trial, and it did not want to allow the jurors their statutory right to question the Osundairo brothers about the incident.”
Ultimately, it requests for the charges against Jussie Smollett to be dropped, arguing that he didn’t get his due process under the Fifth Amendment.
Court documents add:
“Thus, based on the record available to the defense, the grand jurors were not aware that they could subpoena and question the Osundairo brothers instead of relying on their one-sided testimony presented by the OSP from proceedings which have been invalidated by the court. The grand jurors were also not advised that they had the power to make their own investigation unaided by the special prosecutor or the court.”
“The OSP’s failure to inform the special grand jury at the commencement of the proceedings, before each witness testified, and before a true bill was requested, misled the grand jury and deprived Mr. Smollett of his right to the due process of law.”
A hearing on the motion is set for Oct. 14.
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