In act of desperation, Smollett’s attorneys call for mistrial, claim judge ‘lunged’ at one of them, ‘snarled’ in court

CHICAGO, IL – According to reports, attorneys for actor and alleged hoaxer Jussie Smollett have called for a mistrial, accusing the judge of “lunging” at one, and of “snarling and making faces” during testimony.

Smollett is currently facing six felony disorderly conduct charges for allegedly perpetrating a widely publicized hoax in 2019.   Smollett claimed at that time that two Trump supporters hurled homophobic and racist slurs at him, cried, “This is MAGA country,” beat him, and left him with a noose around his neck.

The story was initially widely believed, but it fell apart when brothers Olabinjo and Abimbola Osundairo returned to this country from Nigeria and were taken into police custody.

The brothers stated that Smollett had paid them to pull off the fake attack, and according to the Daily Mail, security video shows that they even practiced a “dry run” with Smollett two days before the public hoax occurred.

According to the New York Post, on Thursday, December 2 during the trial, defense attorney Tamara Walker cross-examined Olabinjo Osundairo on his “alleged homophobia and past derogatory remarks toward suspected gay men.”  Smollett is openly gay.

Osundairo admitted on the stand that he had used the term “fruity ass” in reference to a man he thought was gay.

Walker next asked about Smollett’s knowledge of such statements.

At this point, the New York Post reports:

“Judge James Linn called the line of questioning ‘collateral’ in front of the jury, indicating it didn’t have any relevance to the crime Smollett’s on trial for because it was from a past event, prompting Walker to ask for a sidebar.”

The courtroom was cleared for this sidebar, so the jury saw none of what followed.

During the sidebar, according to the New York Post, Walker moved for a mistrial because of the judge’s words on the irrelevance of Osundairo’s alleged homophobia.

Walker then claimed that Judge Linn “physically lunged” at her when she presented her motion.

Judge Linn subsequently denied this claim, and the New York Post writes that reporters at the trial did not see the alleged lunging occur.

The New York Post reports that Judge Linn did say:

“When you said the word mistrial on these grounds, frankly I was stunned you’d even consider a mistrial based on this.”

Noting that he did not “lunge” at Walker, judge told the Post:

“I marched right back behind my bench.”

The exchange, however, did appear to affect Walker, as she “appeared close to tears as she argued with the judge.”

Walker then exited the courtroom along with her mother, who was seated in the gallery, and the rest of the defense team continued to push for a mistrial.

Defense attorney Heather Waddell asserted that the defense team had legal grounds to ask the questions that Linn objected to.

The New York Post writes that Waddell also:

“accused the judge of visibly “snarling” in front of the jury any time he sustained an objection from the prosecution and wanted to make sure his non-verbal cues were on the record.”

Waddell said:

“I’ve noticed snarls multiple times.”

The discussion on the mistrial and those accusations continued in the judge’s chambers, away from the press and the jury.

When Judge Linn and the attorneys returned to the courtroom, the judge delivered some information to the jurors, saying:

“Sometimes words come out like ‘focus’ or ‘collateral,’ that’s not part of your consideration, that’s just me communicating with the lawyers.”

He continued:

“That’s just me conducting the trial the way I think it should be conducted.”

The trial then proceeded with Walker’s continued cross-examination of Olabinjo Osundairo.

According to CBS Legal Analyst Irv Miller, Walker’s actions toward the judge were quite unusual.

He told CBS:

“Never seen it happen.”

He continued: 

“This is a first even for me – I’ve been doing this a long time. 

“But I’ve never seen an attorney accuse a judge of doing anything such as this attorney announced in court that occurred in Judge Linn.”

Miller added that the jury will not be affected by the exchange or the supposed “lunge,” since they had been cleared from the courtroom at the time.

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Years after Soros-funded D.A. Kim Foxx dropped the charges, Jussie Smollett finally on trial for hate crime hoax

Originally published November 30, 2021

CHICAGO, IL – In 2019, the world stood still for a few days, seemingly, when actor Jussie Smollett alleged he had been attacked, beaten, and left with a noose on his neck for being black and gay by supporters of former Republican President Donald Trump.

We all later learned that the event was allegedly a hoax.  Smollett is now standing trial for several felonies regarding the incident.

Smollett entered a courtroom for the first time as a defendant during the last week of November to stand trial for allegedly making up the scheme.

Smollett is facing six counts of disorderly conduct for what the former “Empire” actor said occurred to him in 2019.

Initially, Smollett was formally charged in February of 2019 for these same allegations and even formerly indicted for sixteen counts of lying and orchestrating the entire incident.

However, Chicago District Attorney Kimberly Foxx decided that it was not in the state’s best interest to continue with prosecution, and instead, ordered Smollett to provide community service for his alleged actions.

Fast forward now to 2021, after the conclusion of a criminal investigation by a special prosecutor determined there was sufficient probable cause to criminally charge Smollett for lying to police, he is now sitting in a courtroom hearing testimony about how he allegedly made up these heinous crimes.

If he is found guilty, Smollett could face up to three years in prison for each of the now six felony charges he faces.

The jurors are hearing details about how prosecutors allege Smollett came up with the fake attack because he wanted a pay raise from the company that was producing “Empire.”

They will also hear from the two former extras from the show who claim that Smollett paid them several thousand dollars to stage the attack so that portions of it were captured on camera.

Fox News spoke to Neama Rahmani, a former federal prosecutor, who commented that the case against Smollett is a very strong one and he expects a guilty verdict. He said:

“The prosecution is strong because of corroborating, independent evidence that is consistent with Smollett making a false police report. What type of explanation can Smollett’s attorney have to justify him contacting the brothers?”

The brothers that Rahmani is referring to are the former extras from the “Empire” show that allege they were paid by Smollett to stage the attack.

Both brothers are cooperating witnesses against Smollett and are expected to testify against him.

Fox News also spoke to Silva Megerditchian, a criminal defense attorney in Los Angeles, who stated she did not expect Smollett to spend any time behind bars if he is convicted. Most likely not because he is rich and was famous at one point, but:

“Smollett is facing 6 counts of essentially minor class 4 felonies that carry a maximum sentence of three years in State prison. If the jury finds him guilty of any of the charges, it is unlikely Smollett will serve any prison time…

“The judge will consider that Smollett has no history of any arrests nor convictions-and thus will likely give him a probationary sentence.

Keep that in mind, however, this was a case that got national attention, and stirred a lot of anger that Smollett would stage this kind of grotesque racial attack.

As well, the City of Chicago spent a lot of money investigating these false charges. Thus, I would not be surprised if the Judge imposes some kind of sentence, considering the nation is watching.”

Most cases involving false crimes being reported to police typically do not see a courtroom. This is usually because the defendant in these cases, seeing how the case is stacked against them, wisely takes whatever plea deal might be offered or just plead guilty to get the embarrassment over quickly.

However, that is not the case with Smollett who has previously stuck to his original story of him being attacked.

Two former attorneys for Smollett, Todd Pugh, and Victor Henderson, had this to say while they were representing him:

“As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with.

He has now been further victimized by claims attributed to these alleged perpetrators that Jussie played a role in his own attack. Nothing is further from the truth and anyone claiming otherwise is lying.”

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Editor note: In 2020, we saw a nationwide push to “defund the police”.  While we all stood here shaking our heads wondering if these people were serious… they cut billions of dollars in funding for police officers.  And as a result, crime has skyrocketed – all while the same politicians who said “you don’t need guns, the government will protect you” continued their attacks on both our police officers and our Second Amendment rights.

And that’s exactly why we’re launching this national crowdfunding campaign as part of our efforts to help “re-fund the police”.

For those looking for a quick link to get in the fight and support the cause, click here.

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The post In act of desperation, Smollett’s attorneys call for mistrial, claim judge ‘lunged’ at one of them, ‘snarled’ in court appeared first on Law Enforcement Today.

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Author: Lizzy Murica


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