Recently released surveillance footage places former Empire actor Jussie Smollett and his alleged attackers — Abel and Ola Osundairo — at the scene where the trio staged what is believed by police investigators to have been an orchestrated hate hoax.
Video obtained by Fox News through a Freedom of Information Act request shows Smollett and the Osundairo brothers walking down the same downtown Chicago sidewalk and passing a loading dock around the time of the allegedly staged assault. The Osundairos are seen on camera in hoodies, while Smollett has on a white sweater he wore during the January 29th assault. Gloria Schmidt, an attorney for the Osundairos, confirmed to Fox News that her clients were indeed in the video.
NEW Smollett video very much appears to place the actor (white sweater) and the Osundairo brothers (hoodies) at the scene of the “attack.” And- appears to clearly show one brother in red-brimmed hat, which PD notes & surveillance indicates was purchased for the alleged hoax. pic.twitter.com/nmQ3QqNRb6
— Matt Finn (@MattFinnFNC) July 2, 2019
“Two subjects now known to be [redacted] and [redacted] enter the store and purchase several items, which included gloves, face masks and a red hat,” reads notes compiled by the Chicago Police Department that were also obtained by Fox News.
The video’s publication comes a week after a judge appointed a special prosecutor to investigate the decision by Cook County prosecutors to dismiss all charges against actor Smollett, who was accused of lying to the police by claiming he was the victim of a racist and homophobic attack.
In a ruling that leaves open the possibility that Smollett could be charged again, Cook County Judge Michael Toomin suggested that the county’s state’s attorney, Kim Foxx, mishandled the Smollett case by appointing a top aide to oversee it after she recused herself.
Foxx had been in contact with a relative of the actor and had been approached by former first lady Michelle Obama’s one-time chief of staff on behalf of Smollett’s family, and she explained at the time that she was recusing herself to avoid “even the perception of a conflict” of interest.
The Chicago Police Department, which has never disguised its anger over the decision to drop the charges, vowed to assist the special prosecutor.
“We stand firmly behind the work of detectives in investigating the fabricated incident reported by Jussie Smollett & #ChicagoPolice will fully cooperate with the court appointed special prosecutor,” department spokesman Anthony Guglielmi wrote on Twitter.
Fox Entertainment announced in April that Smollett would not appear in season six of Empire, which is its last season.
The Associated Press contributed to this report.