Jussie Smollett’s lawyer allowed to stay on case but cannot question Abel and Ola Osundairo, judge says – .

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Jussie Smollett’s lawyer allowed to stay on case but cannot question Abel and Ola Osundairo, judge says – .


Jussie Smollett won an important victory in his pending case arising from an alleged hate crime in 2019.

Court documents obtained by Fox News on Friday heard a judge say he would not remove one of Smollett’s attorneys from the case despite believing the attorney actually spoke with the Abel brothers and Ola Osundairo, the two men the actor reportedly hired. to help him commit a staged racist and homophobic attack.

The Osundairos came forward shortly after the alleged incident and told police the actor paid them $ 3,500 to jump him on a Chicago street in an attempt to raise his profile because he was not not satisfied with his role in “Empire”.

In the ruling, Cook County Judge James Linn simply said he would bar a member of Smollett’s legal counsel, attorney Nenye Uche, from questioning the brothers if the actor’s case was to be be on trial – urging that another member of the defense team should be the one to examine the pair of actors if they were to speak.

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“The body of evidence clearly and convincingly shows that at different times Mr. Uche spoke to both brothers and their mother,” Linn wrote in the statement.

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, Linn felt it was in the court’s best interest to allow Smollett to retain a lawyer of his choice “when his liberty is at stake,” even though the judge found Webb’s concerns to be legitimate.

Meanwhile, the brothers’ lawyer Gloria Rodriguez released a statement following the judge’s ruling and said it was “consistent with the evidence presented by the special prosecutor’s office.”

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“Judge James Linn discovered that attorney Uche had confidential communications between attorney and client with the Osundairo family,” said the memorandum obtained by Fox News. “Judge Linn also found my clients, Ola and Bola Osundairo, to be quite credible. “

“The remedy granted by the court today will protect these communications by prohibiting lawyer Uche from cross-examining them when they speak. “

Former “Empire” actor Jussie Smollett claimed he was the victim of a hate crime in January 2019 in Chicago. (Richard Shotwell / Invision / AP, file)

“The Osundairo family are satisfied with the result and Ola and Bola Osundairo are eager to testify at the trial,” the note concludes.

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Smollett, who is black and gay, told police at the time of the alleged attack that two masked men attacked him on his way home in the early hours of January 29, 2019. He said he insulted him racist and homophobic, beating him and putting a noose around his neck before running away, and that at least one of his attackers was a white man who told him he was in the ” MAGA country, ”a reference to former President Trump’s campaign slogan,“ Make America Great Again ”.

The actor has repeatedly said that Abel and Ola are not telling the truth. He had previously sought to have the second wave of charges dismissed based on their testimony.

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Charges regarding the January 2019 incident were initially dropped by the Cook County State Attorney’s Office for renewal after a Cook County grand jury returned a six-count indictment l ‘accusing of lying.

He has pleaded not guilty to the charges in the new indictment. The next hearing in this case is scheduled for August 2.

Fox News’ Tyler McCarthy and The Associated Press contributed to this report.

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