A Timeline of Jussie Smollett's Case

Image via Scott Olson/Getty Images

Date: Feb. 1, 2019

What happened: One day after his family spoke out on the incident, and days after everyone from John Legend to the NAACP released statements, Jussie released a statement of his own via Essence, saying, “My body is strong but my soul is stronger. More importantly I want to say thank you. The outpouring of love and support from my village has meant more than I will ever be able to truly put into words.”

Date: Feb. 2, 2019

What happened: After dropping his first statement, Jussie performed on the Troubadour stage in West Hollywood, where he spoke out about the situation during a live performance. After clarifying that he wasn't hospitalized (he'd just visited a doctor) and that his ribs weren't broken, he made it clear that he fought back against his assailants. Smollett was met with supportive cheers and applause, and went on to call himself "the gay Tupac."

Date: Feb. 12, 2019

What happened: Smollett cooperated with the police investigation, including submitting his phone records from the night of the attack. However, according to USA Today, the documents were rejected by police; Sgt. Rocco Alioto stated that the phone records did "not meet the burden for a criminal investigation as they were limited and heavily redacted."

When: Feb. 16, 2019

What happened: The next day, more reports suggested that Jussie orchestrated the attack. CNN reported that two police sources had indicated that Chicago PD believed Jussie had paid the two men in question to participate in this staged attack. That same night, Deadline confirmed via a statement from Chicago PD that the department had shifted the trajectory of their investigation "based on the premise that Mr. Smollett was an active participant in the incident." Two days later, Smollett's attorneys said that while they'd keep an "active dialogue" with Chicago PD, there were no plans to meet with detectives.

Date: The brothers speak

What happened: Amid questions of Jussie's role on Empire being diminished, sources told CBS Chicago that the brothers, who were previously arrested as suspects, said that Jussie was the one who sent the letter to the Empire set and that the attack was orchestrated because the letter didn't receive a "bigger reaction."

Date: Feb. 20, 2019

What happened: Guglielmi returned to Twitter with an official statement: "Jussie Smollett is now officially classified as a suspect in a criminal investigation by #ChicagoPolice for filing a false police report (Class 4 felony). Detectives are currently presenting evidence before a Cook County Grand Jury." Attorneys representing Smollett told People that they were mounting an "aggressive defense," noting that, “Like any other citizen, Mr. Smollett enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked."

Date: Feb. 22, 2019

What happened: On Friday, Fox announced that Smollett's character Jamal will not appear in the last two episodes of Empire's fifth season, which are currently being filmed in Chicago. A statement from the executives behind Empire, which include Lee Daniels, Danny Strong, Brett Mahoney, Brian Grazer, Sanaa Hamri, Francie Calfo, and Dennis Hammer, said that the "disturbing" nature of the allegations lead to their decision.

"The events of the past few weeks have been incredibly emotional for all of us. Jussie has been an important member of our Empire family for the past five years and we care about him deeply," it read. "While these allegations are very disturbing, we are placing our trust in the legal system as the process plays out. We are also aware of the effects of this process on the cast and crew members who work on our show and to avoid further disruption on set, we have decided to remove the role of ‘Jamal’ from the final two episodes of the season." As of right now, there's no word on if Smollett's character will be removed completely from the series.

The Hollywood Reporter looked into Smollett's contract situation, and while unconfirmed, it's said that Smollett went from reportedly making around $40,000 per episode to $125,000 per episode, although he might have been signed to a 360 deal. Regardless of that, one source is said to have told THR that there was no word of Smollett speaking to Fox regarding being unhappy with his salary, which calls into question the motivation the Chicago Police Department issued during their press conference on February 21.

Date: Feb. 24, 2019

What happened: Amidst support from Empire co-star Terrence Howard, TMZ reported that the $3,500 check that Chicago PD said Jussie sent to the alleged fake attackers wasn’t for a hoax attack at all, but for fitness training for a video Jussie was planning on shooting. The memo line on the check read "5 week Nutrition/Workout program Don't Go.”

Date: Mar. 11, 2019

What happened: Gloria Schmidt, the lawyer of brothers Abindola and Olabinjo Osundairo, made an appearance on Good Morning America to speak out on their behalf. "My clients were just taken advantage of by someone they trusted. This was someone who the brothers thought could help their career. Obviously, Mr. Smollett has connections, he had a good position with Fox, so this was someone that they had trusted to consider their best interests."

Schmidt also reiterated that the $3,500 check was for fitness training, but did indicate that it might have also been used as a part of this alleged attack. "It's unfortunately," Schmidt said, "a very complicated relationship for them because if you are friends and I'm saying, 'Hey, I am going to pay you for training, I am also asking you to do me a favor'... and the favor was to stage the attack."

Date: Mar. 14, 2019

What happened: Smollett made an appearance in court to enter a plea of not guilty to the 16 felony counts of disorderly conduct he's facing. He's set to appear back in court on April 17.

Date: Feb. 11, 2020

What happened: Almost a year to the day of the initial arrests being made in this case, Jussie Smollett was indicted by special prosecutor Dan Webb on six counts of disorderly conduct in his case. Webb released a statement, saying “further prosecution of Jussie Smollett is in the interest of justice." Webb was appointed to this case back in August of 2019 to investigate why all of the charges against Jussie were dropped back in March of 2019.

Word is that Smollett would have been facing 50 years in prison if there was a conviction on all 16 counts against him in 2019. Smollett is due back in court on February 24, 2020, and if convicted, could face jail time.

Date: Feb. 24, 2020

What happened: To the surprise of no one, Jussie Smollett entered a plea of not guilty on the new felony charges brought against him earlier this month. He also filed a motion to have the new charges dismissed, saying that the indictment "wasn’t proper because the special prosecutor was appointed incorrectly.”

“The circumstances surrounding the initial case in 2019 did not reach the legal level warranting the appointment of a special prosecutor,” their paperwork stated. “Under the terms of the law, in order to appoint a special prosecutor, the office (of Cook County State’s Attorney Kim Foxx) had to file a former recusal with the court, and that didn’t occur here.”

Smollett is due back in court on March 18.

Date: Nov. 29, 2021

What happened: Back in October, a motion to dismiss the case against Smollett was denied. Although Smollett’s attorney Nenye Uche stated, “It’s as clear as day – this case should be dismissed because of an immunity agreement,” using Smollett’s community service and bond payment as fulfilling an agreement Uche said was made with prosecutors, the judge’s decision to deny the motion was because Smollett never admitted any wrongdoing, setting Nov. 29 as the date the trial would finally begin.

While Day 1 of the trial primarily featured jury selection, The Chicago Tribune reports that Smollett’s attorneys did say that this “tremendous rush to judgment” has ruined his career and reputation, also calling the Osundairo brothers “sophisticated, highly intelligent criminals. … Jussie thought he had a friend, but that friendship ran one way, it was a one-way street.”

After roughly a year and a half of waiting due to COVID shutdowns, Smollett’s day in court is finally here. Many speculate that the trail could last a week and Smollett is not expected to take the stand, nor will the trial be streamed.

Date: Dec. 6, 2021

What happened: Smollett took the stand and testified that he had an intimate relationship with Abimbola “Abel” Osundairo, one of the brothers he says attacked him back in 2019. Smollett spoke on he and Abel sneaking off together, hitting a bathhouse where Smollett says they “made out a little bit” and “masturbated together.” 

Smollett again stated that the incident wasn’t a hoax, and said on the stand that the $3,500 check to Osundairo was really for training and his nutrition needs, with the “on the low” text on the check referring to an herb that could be obtained in Nigeria but was illegal in the United States. Osundairo says that “on the low” referred specifically to the attack that he says Smollett set up with himself and his brother.

The subject of the noose around his neck came up, which Smollett says was a suggestion made by a friend of his before the police arrived. Smollet says he didn’t want to get the police involved in the first place: “I am a Black man in America,” Smollett said. “I do not trust the police. I am also a well known figure at that time and I am an openly gay man.” 

When: Dec. 7, 2021

What happened: Smollett also testified that CNN anchor Don Lemon had texted him early in the investigation that Chicago PD didn’t believe his story of how the incident went down. Many were looking to Lemon’s CNN show that night, and while they did speak on the trial, no mention of Smollett specifically saying Lemon texted him that information happened, which, in light of the Chris Cuomo situation they are still dealing with, isn’t necessarily a surprise. That said, many are looking for Lemon to be disciplined as well.

Date: Dec. 8, 2021

What happened: After five hours of closing arguments, jurors began deliberating on the afternoon of Wednesday, Dec. 8. This is how the court system works; word is that deliberations will pick back up on Thursday. Some outlets feel the verdict could be announced on Thursday, which would be the jury’s first full day of deliberations.

Date: Dec. 9, 2021

What happened: After seven days and 13 witnesses, Jussie Smollett was found guilty on five of the six counts of disorderly conduct for lying to police. Smollett is looking at three years in prison.

Date: Dec. 9, 2021

What happened: After his request for a new trial was denied, Jussie Smollett was sentenced to 150 days in jail; he was also sentenced to 30 months of probation, as well as having to pay a $25,000 fine and $120,000 in restitution. In court, Smollett made the following remarks: “I am not suicidal. If anything happens to me when I go in there, you must all know that.” The judge is said to have given a 40-minute speech, calling Smollett everything from arrogant and narcissistic to saying Smollet is “a charlatan pretending to be a victim of a hate crime.”

Date: TK

What happened: The Monday after Smollett’s sentencing, his attorneys filed an emergency motion to have him released from jail. This came at the same time Smollett’s family shared details of a threatening call he received. “I hope what they do to that guy in jail — here’s what they’re going to do, right,’” the person in the call says, as transcribed by Rolling Stone. They’re going to take a broom handle, and take that little [expletive], shove it in there, and he’s gonna go, ‘[shrieking sound].’” The threat also referenced the 1997 assault on Abner Louima in Brooklyn, NYC.