Jussie Smollett Trial
Actor Jussie Smollett at the Leighton Criminal Courthouse for day five of his trial in Chicago. Smollett is accused of lying to police when he reported he was the victim of a racist, anti-gay attack in downtown Chicago nearly three years ago, in Chicago. (AP Photo/Charles Rex Arbogast) Charles Rex Arbogast/AP

Jussie Smollett testified Monday he had a sexual relationship with one of the two brothers whom prosecutors allege he paid to stage a hate crime, despite denials from Abimbola Osundairo last week that the two were ever romantically involved.

Smollett said he met Osundairo at a Chicago nightclub in 2017. He said the two did drugs together and on a couple of occasions went to a Boystown bathhouse, where Smollett said they "made out."

He testified that over time, the men did more drugs together, including cocaine and marijuana, and participated in sex acts.

His comments are a direct contradiction to what Osundairo told jurors under oath last week.


Smollett said Osundairo, who also worked on the set of Fox show Empire, introduced him to his brother Olabingo but that they didn't speak and "he kind of freaked me out."

The actor, dressed in a dark gray suit and maroon tie, testified he never trusted Olabingo Osundairo and that he and Abimbola Osundairo had to "sneak off" when they were around his brother.

Smollett's testimony is being seen by some as an attempt to suggest the brothers carried out the attack for reasons other than the alleged attempt by the television star to fake it and get the attention of big wigs on his television show.

Prosecutors claim Smollett made up the attack because he was unhappy with the studio's response to hate mail he received. The letter included a drawing of a stick figure hanging by a noose with a gun pointed at it and the word "MAGA" — a reference to former President Donald Trump's "Make America Great Again" slogan.

The Osundairo brothers testified they were paid $3,500 by Smollett to stage the attack and told to yell "This is MAGA country" during the assault.

Smollett, who is facing six counts of disorderly conduct on suspicion of making false reports to police, also told jurors that he "wouldn't be my mother's son" if he were capable of masterminding the incident that captivated the nation and ignited culture wars.

Instead, Smollett's defense team claims he is the "real victim" and the brothers' accounts should not be believed. During opening arguments, his attorneys said the Osundairos pinned the crime on Smollett so they wouldn't get into trouble with authorities.

Cook County prosecutors initially charged Smollett with disorderly conduct, but then they abruptly dropped the case a month later with little to no explanation.

After intense public outcry, a judge appointed a special prosecutor to investigate the Smollett matter.


Attorney Dan Webb and his team convened a special grand jury that brought up Smollett on six felony disorderly conduct charges for making what prosecutors say was a false police report, with one count for each time he gave a report, to three different officers.

The class 4 felony carries a prison sentence of up to three years, but experts have said that if Smollett is found guilty, he will likely get probation and be ordered to perform community service.