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CHICAGO (CBS)– The Jussie Smollett trial resumed Monday and the jury could get the case by the end of the day.
The question today, will Smollett take the stand in his defense? Legal experts are divided on whether that would help or hurt his case.
HAPPENING NOW: Jussie Smollett arrives at court. His attorneys are expected to continue presenting their case to jurors, and there’s the possibility Smollett himself may take the stand. @cbschicago pic.twitter.com/mBBuJpawA1
— Meredith Barack (@MeredithBarack) December 6, 2021
Smollett arrived at the courthouse on Monday, as usual accompanied by a large entourage of family and supporters. There was a bit of delay before the defense resumed its case around 10:15 a.m.
Smollett faces six counts of disorderly conduct, accused of staging a fate hate crime attack against himself, and then lying to police about it.
The defense is expected to call its final witnesses to the stand on Monday, including Sheraton Hotel security guard Anthony Moore, who was working at the hotel on the night of the incident.
Moore testified that, around the time of the attack, he saw a white man in a ski mask running past him, followed by a second man, who he didn’t get a good look at. He then saw a third person from a distance.
When questioned by the defense, Moore wad adamant he saw a white man.
However, the two men accused of beating Smollett — the Osundairo brothers — are both Black, and no one has disputed they were the ones who attacked Smollett; the only real question at trial is whether or not Smollett paid them to stage it.
If Smollett takes the stand, his testimony would come after the special prosecutor called the Osundairo brothers to the witness stand on Thursday.
Abel Osundairo returned to the witness stand, and his brother Ola also testified in the trial, with both claiming that Smollett asked and paid them to stage a racist and homophobic attack against him.
In a series of bombshell questions, attorneys for Smollett suggested that Abel Osundairo had a secret romantic relationship with Smollett. Abel denied those claims, and he kept his composure as attorneys peppered with questions about his character.
Their statements came as drama mounted in the courtroom with defense attorney Tamara Walker asking for a mistrial because of a comment Judge James Linn made.
Walker began crying and accused judge Linn of physically lunging at her in the courtroom during a sidebar conversation.
The jury was not present when the purported lunge took place, so it will not have an effect on the trial.
CBS 2 Legal Analyst Irv Miller said he has never heard an attorney make such allegations against a judge.
Judge Linn denied the allegations and request for a mistrial.
The jury is expected to get the case Monday or Tuesday.
Source: ChicagoCBS
