"EMPIRE" AS HE FACES A STORM OF PUBLIC BACKLASH.
PUBLIC BACKLASH. SAVANNAH?
SAVANNAH? >> MIGUEL, THANK YOU.
WE’RE JOINED MY JUSSIE
SMOLLETT’S ATTORNEY, TINA.
GOOD TO SEE YOU.
>> MORNING.
>> MORNING. >> YOU’RE TROEBLPROBABLY AWARE O
BREAKING NEWS THAT THE FBI AND
DEPARTMENT OF JUSTICE ARE
LOOKING INTO THE CIRCUMSTANCES
OF THE DISMISSAL OF CHARGES
AGAINST YOUR CLIENT.
DOES THAT CONCERN YOU?
>> NOT AT ALL.
WE HAVE NOTHING TO BE CONCERNED
ABOUT.
ABOUT. THERE WAS NOTHING ON OUR END TO
REQUEST THIS, TO DO ANYTHING
IMPROPER.
IMPROPER. TO MY KNOWLEDGE, NOTHING
IMPROPER WAS DONE.
>> PEOPLE THINK THIS IS A GOOD
DEAL FOR YOUR CLIENT.
SOME THINK IT IS A SWEETHEART
DEAL AND IT IS SUSPICIOUS.
LET’S SEE IF WE CAN CLEAR THINGS
UP.
UP. >> SURE.
>> SURE. >> TO YOUR KNOWLEDGE, SINCE
FEBRUARY 20th WHEN SMOLLETT WAS
INITIALLY CHARGED, HE DID,
FAMILY, FRIENDS, ASSOCIATES,
ANYONE REACH OUT TO ANYONE IN
THE STATE OES ATTORNEY’S ATTORNE
HIS BEHALF?
HIS BEHALF? >> I CAN’T SPEAK TO WHAT OTHERS
DID.
DID. I DON’T KNOW WHAT THE OTHER
INDIVIDUALS DID.
INDIVIDUALS DID. NOT TO MY KNOWLEDGE.
NOT AT OUR DIRECTION.
I JUST DON’T THINK -- THAT HAD
NOTHING TO DO WITH WHY
PROSECUTORS DISCUSSED DISMISSING
THE CASE.
THE CASE. >> YOU DON’T KNOW OF ANY CONTACT
BY FRIENDS IN HIGH PLACES.
>> NO.
>> NO. >> KIM FOXX, THE STATE’S
ATTORNEY
ATTORNEY ATTORNEY, RECUSED HERSELF.
DO YOU KNOW ANY CONTACT THAT
YOU, LAWYERS, ANYONE ON JUSSIE’S
BEHALF HAD WITH FOXX SINCE SHE
RECUSE SND
RECUSE SND RECUSED?
RECUSED? >> NO.
>> NO. >> THERE WAS NO INVOLVEMENT WITH
FOXX AND THE DECISION TO DISMISS
THE CHARGES?
THE CHARGES? >> THIS WAS STRICTLY WITH THE
PROSECUTORS HANDLING THE CASE.
>> THE PROSECUTOR’S OFFICE SAYS
THE CHARGES WERE DROPPED IN
EXCHANGE FOR YOUR CLIENT’S
AGREEMENT TO FORFEIT $10,000
THAT HE HAD PAID IN A BOND AND
TO DO COMMUNITY SERVICE.
IS THAT CORRECT?
WERE THOSE CONDITIONS ON HIS
DISMISSAL OF CHARGES?
>> THERE WERE NO CONDITIONS, AND
THERE WAS OBVIOUSLY NO PLEA.
THERE WAS NO AGREEMENT IN PLACE.
THEY DID WANT HIM TO FORFEIT THE
BOND, AND THAT IS SOMETHING WE
DISCUSSED WITH HIM.
HE INITIALLY STRUGGLED WITH
BECAUSE HE DIDN’T WANT THE
PERCEPTION TO BE THAT HE HAD
DONE ANYTHING WRONG.
AT THE END OF THE DAY,
FORFEITING $10,000 VERSUS
PUTTING YOUR LIFE ON HOLD FOR A
YEAR WAS A SMALL COST TO PAY.
>> TO BE CLEAR, BECAUSE THE
PROSECUTORS ARE NOW TRYING TO
SAY, WELL, THERE WERE
CONDITIONS.
CONDITIONS. THIS WASN’T A GET OUT OF JAIL
FREE CARD.
FREE CARD. YOU’RE SAYING HE CHOSE TO
FORFEIT THAT BOND, ESSENTIALLY
VOLUNTARILY?
VOLUNTARILY? >> YEAH.
>> YEAH. I MEAN, THEY HAD ASKED IF HE
WOULD DO THAT, AND WE ADVISED
HIM HE SHOULD BECAUSE IT WAS
GOING TO COST HIM ALMOST, YOU
KNOW, MULTIPLES OF THAT NUMBER
TO GO TO TRIAL.
>> WHAT ABOUT THE COMMUNITY
SERVICE ASPECT OF IT?
>> COMMUNITY SERVICE IS
SOMETHING WE RAISED OURSELVES AT
THE INITIAL BOND HEARING, SAYING
THIS IS SOMEBODY WHO VOLUNTEERED
THOUSANDS OF HOURS SINCE HE WAS
A TEENAGER TO ALL SORTS OF
ORGANIZATIONS.
ORGANIZATIONS. IT IS SOMETHING HE’S ALWAYS
DONE.
DONE. IN OUR DISCUSSIONS WITH THE
PROSECUTION, WE TOLD THEM ABOUT
HIS VOLUNTEER SERVICE.
WE DID SHOW THEM A FEW LETTERS
OF HIS ONGOING COMMUNITY
SERVICE.
SERVICE. >> WAS THIS A CONDITION OF THE
CHARGES BEING RELEASED, HE HAS
TO DO COMMUNITY SERVICE?
>> HE HAD TO DO NOTHING.
NO OBLIGATIONS OR CONDITIONS.
THESE ARE THINGS HE CHOSE TO DO
BECAUSE IT IS HIS CHARACTER.
YOU CAN FIND OUT FROM MULTIPLE
SOURCES THAT THIS IS WHAT HE’S
DONE FOR YEARS AND YEARS WITH
MULTIPLE ORGANIZATIONS.
MULTIPLE ORGANIZATIONS. >> LET’S TALK ABOUT SOME OF THE
FACTS HERE.
FACTS HERE. >> SURE.
>> SURE. >> FIRST OF ALL, IS IT YOUR
POSITION HE IS, IN FACT,
FACTUALLY INNOCENT?
FACTUALLY INNOCENT? >> ABSOLUTELY.
>> ABSOLUTELY. NO QUESTION.
NO QUESTION. >> HE DIDN’T STAGE HIS OWN HATE
CRIME, NO?
CRIME, NO? >> NO, ABSOLUTELY NOT.
>> DIDN’T SEND A LETTER, FAKE
DEATH THREAT LETTER TO HIMSELF?
>> NO LETTER.
>> IT IS UNDISPUTED, IS IT NOT,
THAT WHATEVER THE MOTIVE, THE
OSUNDAIRO BROTHERS ARE THE
ATTACKERS HERE, CORRECT?
>> WHEN YOU SAY IT IS
UNDISPUTED, THERE HAS BEEN
LEAKED AND MORE INFORMATION
WE’VE RECEIVED FROM THE
PROSECUTION AND DISCOVERY IN
THIS CASE, WHICH IS ABSURD BUT
WE’VE NEVER RECEIVED THE VIDEOS
AND SURVEILLANCE.
AND SURVEILLANCE. WE’VE NEVER SEEN IT.
>> I’M TALKING ABOUT JUSSIE
SMOLLETT ON TV.
HE LOOKS AT THE SURVEILLANCE
PICTURE, SAID ARE THOSE YOUR
ATTACKERS, AND HE SAID YES.
HE KNEW THOSE WERE THE
ATTACKERS.
ATTACKERS. WE KNOW THAT THAT PICTURE WAS OF
THE OSUNDAIRO BROTHERS, CORRECT?
>> WE BELIEVE THAT CAN BE
INFORMATION WE’VE BEEN TOLD.
A LOT OF THE INFORMATION THE PD
SAID IS EVIDENCE HAS TURNED OUT
NOT TO BE EVIDENCE.
WE HAVE TO QUESTION, AGAIN, HE
INITIALLY HAD A HARD TIME
BELIEVING, BECAUSE HE WAS
FRIENDLY WITH ONE OF THE
BROTHERS, DIDN’T KNOW THE OLDER
ONE WELL, BUT HE WAS FRIENDLY
WITH ABEL.
WITH ABEL. HE HAD A HARD TIME BELIEVING HIS
FRIEND WOULD BE BEHIND THIS.
>> WHAT WOULD THE MOTIVE FOR THE
BROTHERS BE?
BROTHERS BE? >> IT’D BE SPECULATING AT THIS
TIME, AND I DON’T WANT TO GO ON
RECORD RIGHT NOW AND GIVE MY OWN
THEORY OF THE CASE.
I DO HAVE A THEORY.
YOU KNOW, IT IS SPECULATION.
>> THEY DIDN’T GET MONEY, RIGHT?
>> I’M SORRY?
>> THEY DIDN’T STEAL MONEY FROM
HIM?
HIM? >> THEY DID NOT.
>> DIDN’T TAKE A PHONE?
>> NO.
>> NO. >> NOT A CAR?
>> NO.
>> NO. NO THEFT.
NO THEFT. IT WAS NOTHING SHORT OF PRETTY
MUCH THE BRIEF INTERACTION
YOU’VE HEARD OF.
>> WAS IT JUST COINCIDENCE, OR
IF YOU’RE THE OSUNDAIRO
BROTHERS, LUCK, THAT THEY
HAPPENED TO RUN ACROSS HIM IN
HIS NEIGHBORHOOD AT 2:00 A.M.?
>> NEITHER.
>> NEITHER. THEY KNEW HE WAS GOING TO BE IN
HIS NEIGHBORHOOD AT 2:00 A.M.
HE WAS -- HE HAD HIRED ABEL, AS
WE’VE SAID, FOR TRAINING AND
NUTRITION.
NUTRITION. THEY WERE IN REGULAR
COMMUNICATION.
COMMUNICATION. JUSSIE WAS ON HIS WAY BACK TO
CHICAGO FROM NEW YORK THAT
NIGHT, AND HE WAS IN CONSTANT
COMMUNICATION WITH ABEL VIA TEXT
AND PHONE CALL.
THEY WERE SUPPOSED TO TRAIN THAT
EVENING.
EVENING. HE WAS DELAYED FOR FOUR HOURS.
>> HE SPOKE TO THEM ABOUT AN
HOUR AND 15 MINUTES BEFORE THE
ATTACK.
ATTACK. >> CORRECT.
>> CORRECT. >> WALKS OUT OF HIS APARTMENT AT
2:00 A.M., AND LO AND BEHOLD,
THERE ARE BROTHERS WAITING TO
ATTACK HIM.
ATTACK HIM. >> RIGHT.
>> RIGHT. >> DID HE TELL THEM, I’LL BE
LEAVING THE HOUSE HERE AT 2:00
A.M.?
A.M.? >> WHAT HAPPENED IS, HE SPOKE TO
ABEL.
ABEL. THEY WERE SUPPOSED TO TRAIN.
HE WAS DELAYED FOR FOUR HOURS.
INITIALLY, HE TOLD THEM, WE’LL
STILL TRAIN WHEN I GET IN.
IT’LL BE LATE.
WHEN IT WAS A FOUR-HOUR DELAY,
HE OBVIOUSLY TOLD HIM, WE’RE NOT
GOING TO TRAIN ANY LONGER.
THEY WERE SUPPOSED TO TRAIN IN
THE MORNING.
THE MORNING. THEY WERE SCHEDULING THAT.
ABEL SAID, MAKE SURE YOU EAT,
HAD GIVEN HIM A NUTRITION PLAN.
HE HAD TO EAT FOUR EGGS OR
SOMETHING.
SOMETHING. >> WHAT DOES THAT HAVE TO DO
WITH COMING OUT OF THE HOUSE?
>> HE SAID, I DON’T THINK I HAVE
ANY BUT I’LL GO GET SOME.
HE MADE IT CLEAR HE WAS ON HIS
WAY.
WAY. ON THAT NOTE, TOO, THEIR STORY
SAYS THEY THOUGHT -- OR HE
ALLEGEDLY PLANNED THE ATTACK FOR
2:00 A.M. SHARP.
ACCORDING TO THE POLICE, THEY
ARRIVED AT 1:22 P.M.
>> A.M.
>> A.M. >> IT’S FREEZING COLD.
IF YOU LOOK AT THE TIMING, IT IS
A 15-MINUTE CAR RIDE.
WHY WOULD YOU GET THERE 40
MINUTES EARLY.
MINUTES EARLY. >> SOME ARE EARLY BIRDS.
>> TO WAIT IN THAT COLD WEATHER,
WHICH JUSSIE GOT SO MUCH GRIEF
FOR, THAT HE WENT OUT FOR A
SANDWICH IN THE COLD.
THE BROTHERS APPARENTLY WAITED
FOR 40 MINUTES?
>> I GUESS IF THEY WERE
ATTACKING HIM, THEY WERE LOOKING
FOR THEIR OPPORTUNITY.
>> RIGHT.
>> RIGHT. IT MAKES MUCH MORE SENSE IF YOU
LOOK AT IT THROUGH THAT LENS,
THEY WERE TRYING TO CATCH HIM
WHEN HE GOT HOME.
OPPOSED TO 2:00 A.M. --
>> OKAY.
>> OKAY. ACCORDING TO THE COURT RECORDS,
SMOLLETT WAS VERY CLEAR WITH
POLICE ON THE NIGHT OF THE
ATTACK THAT ATTACKERS WERE
WHITE.
WHITE. THEY HAD MASKS ON AND GLOVES BUT
HE SAW THEIR EYES AND THE SKIN
SURROUNDING THEIR EYES.
WAS THAT A FALSE STATEMENT?
>> TO BE CLEAR, HE ONLY SAW ONE
OF THE ATTACKERS.
ONE HE DIDN’T SEE.
HE SAW ONE THROUGH A SKI MASK.
AGAIN, HE COULD NOT SEE THEIR
BODY.
BODY. EVERYTHING WAS COVERED.
HE HAD A FULL SKI MASK ON EXCEPT
THE AREA AROUND THE EYES.
HE DID TELL POLICE THAT HE --
FROM WHAT WE SAW, HE THOUGHT IT
WAS PALE SKIN OR WHITE OR PALE
SKIN, WAS WHAT I THINK HE SAID.
THAT WAS WHAT HE -- AND THAT’S
WHY HE INITIALLY DID HAVE A HARD
TIME.
TIME. >> HE COULD HAVE SAID, I DON’T
KNOW.
KNOW. >> HE COULD HAVE.
AGAIN, HE’S BEING TRUTHFUL.
>> THE OSUNDAIRO BROTHERS, WHAT
ARE THE CHANCES THAT’S THE CASE,
THAT HE SAW SOMEBODY WITH LIGHT
SKIN?
SKIN? >> WELL, YOU KNOW, I THINK
THERE’S -- OBVIOUSLY, YOU CAN
DISGUISE THAT.
DISGUISE THAT. YOU CAN PUT MAKEUP ON.
THERE IS, INTERESTINGLY ENOUGH,
A VIDEO.
A VIDEO. I THINK POLICE, IN MINIMAL
INVESTIGATION, IT TOOK ME FIVE
MINUTES TO GOOGLE.
I WAS LOOKING UP THE BROTHERS,
AND ONE OF THE VIDEOS WAS A
BROTHER IN WHITE FACE DOING A
JOKER MONOLOGUE.
JOKER MONOLOGUE. IT IS NOT IMPLAUSIBLE.
>> COUPLE THINGS.
HE SAID THESE INDIVIDUALS WERE
YELLING AT HIM THESE HOMOPHOBIC
AND RACIST SMEARS.
WHY DIDN’T HE RECOGNIZE THEIR
VOICES?
VOICES? HE HAD JUST LITERALLY HUNG UP
WITH ONE OF THEM.
>> SURE.
>> SURE. I MEAN, PEOPLE SAY THIS AS IF
THIS IS A REGULAR INTERACTION.
IF YOU’RE WALKING IN THE STREET
AND SOMEBODY STREAMCREAMS, YOU T
AROUND, AND BEFORE YOU CAN
PROCESS WHAT THEY WELCOME LIKE,
YOU’VE BEEN PUNCHED IN THE FACE.
THEN YOU’RE ON THE FLOOR AND
BEING KICKED.
BEING KICKED. THIS IS A BRIEF INTERACTION, ALL
OF 30 TO 45 SECONDS WITH YOUR
HEAD BEING THROWN BY PUNCHES.
THIS ISN’T SOMEBODY WHO IS
DIGESTING WHAT’S HAPPENING.
THERE’S EXCITEMENT AND FEAR AND
ALL OF THESE THINGS HAPPENING.
>> FINALLY, I WANT TO PLAY YOU A
PORTION OF AN INTERVIEW THAT
JUSSIE DID RECENTLY AND ASK YOU
ABOUT IT.
ABOUT IT. >> I UNDERSTAND HOW DIFFICULT IT
WILL BE TO FIND THEM BUT WE
GOTTA.
GOTTA. I STILL WANT TO BELIEVE WITH
EVERYTHING THAT HAS HAPPENED
THAT THERE’S SOMETHING CALLED
JUSTICE.
JUSTICE. >> IF HE IS A VICTIM OF A CRIME,
AS HE CONTENDS, WILL HE URGE
PROSECUTORS TO BRING CHARGES
AGAINST THE OSUNDAIRO BROTHERS,
AND WILL HE BE WILLING TO
TESTIFY?
TESTIFY? >> I THINK IN LIGHT OF WHAT HE
HAS BEEN THROUGH THE LAST TWO
MONTHS, HE REALLY JUST -- HE’S
TOLD ME NUMEROUS TIMES, I DON’T
EVEN CARE ABOUT WHAT HAPPENED.
I WANT TO MOVE ON.
WHAT’S HAPPENED AFTER THE
FACT --
FACT -- >> DOES THAT MAKE SENSE?
THIS IS A TERRIBLE ATTACK.
>> IT PALES IN COMPARISON TO THE
ATTACK ON HIM BY THE MAYOR, BY
THE CPD, BY THE PRESS, BY THE
PUBLIC.
PUBLIC. >> HE’D BE VINDICATED IF THESE
TWO WERE EXPOSED AS LIARS IN A
COURT OF LAW, WOULD HE NOT?
>> WE’D WANT THAT.
WHAT HE HAS BEEN THROUGH AFTER
THE FACT HAS REALLY BEEN A MUCH
HARSHER ATTACK THAN WHAT HE
ENDURED THAT NIGHT.
THIS WASN’T A VERY BRUTAL
ATTACK, OBVIOUSLY.
ATTACK, OBVIOUSLY. IT WAS FRIGHTENING AND SOMETHING
HE DID NOT DESERVE, BUT THEY
DIDN’T BEAT HIM SO BADLY THAT,
YOU KNOW -- HE, AT THIS POINT,
AGAIN, HAS BEEN VICTIMIZED MUCH
MORE BY WHAT’S HAPPENED