In a stunning reversal, Cook County prosecutors on Tuesday dropped charges against “Empire” actor Jussie Smollett on disorderly conduct charges for allegedly staging a phony attack and claiming he was the victim of a hate crime.
There had been no clue that prosecutors planned the about-face move before the announcement. A publicist for Smollett’s attorney was the first to notify the news media Tuesday morning, issuing an alert that did not elaborate on the nature of the emergency.
The 36-year-old actor, who was free on $100,000 bond, has previously denied lying to police or faking the attack.
The actor, who is African-American and openly gay, has said he was walking from a Subway sandwich shop to his apartment in the 300 block of East North Water Street about 2 a.m. Jan. 29 when two men walked up, yelled racial and homophobic slurs, hit him and wrapped a noose around his neck.
Smollett said they also yelled, “This is MAGA country,” in a reference to President Donald Trump’s campaign slogan of “Make America Great Again.”
Police initially treated the incident as a hate crime, but their focus turned to Smollett after two brothers who were alleged to have been his attackers told police that Smollett had paid them $3,500 to stage the attack, with a promise of an additional $500 later.
Police pieced together much of their evidence by reviewing footage from about 55 police and private surveillance cameras showing the brothers’ movements before and after the attack.
The shift in the investigation came amid intense press coverage and often bitter public debate and stinging skepticism on social media.
Smollett addressed those doubts in a national TV interview and in a strongly worded statement after the brothers were released from custody after questioning by police.
A week before the alleged attack, Smollett told police he received a threatening letter at work. Prosecutors said Smollett staged the attack because he was unhappy with the studio’s response to the threatening letter. Chicago police took it a step further, accusing Smollett of faking the letter as well.
Federal authorities are conducting a separate investigation into that letter.
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