New details are emerging in the case of Jussie Smollett. It seems as if a private conversation was taped by accident between one of the key witnesses and his lawyer. The tape found its way into the hands of Smollett’s defense team, which says the tape helps prove the actor’s innocence. The tape was turned over to Smollet’s defense attorney as part of the evidence. Once prosecutors realized their mistake they asked the defense attorneys to confirm that they would not view it or use it, given that conversations between lawyers and their clients are confidential, attorney Sean Wieber said in court Friday.
The attorneys for Jussie believes the videotape shows that Olabinjo Osundairo and his brother, Abimbola, were coached into a phony story in order to frame Jussie Smollett as a way for the brothers to escape charges themselves. Defense attorney Tina Glandian spoke in court on Friday, “We believe it’s evidence of them conspiring to come up with a story,” she said. “It is a significant statement that we would like to introduce into evidence.”
The judge presiding over the case, Judge James Linn spoke at the hearing saying “this is clear cut attorney-client privilege.” Hinting that the tape would not be available to the public. Judge James Linn said, “Somebody forgot to turn off the tape at the police station,” Linn said. “The lawyers are trying to use this now, and I’m not sure it will be available.” The judge also asked to see the video in his chambers to determine if the tape could be used.
All of this stems from the “Empire” actor claiming to be attacked in Chicago almost 18 months ago. Olabinjo Osundairo and his brother, Abimbola, are key witnesses in the Smollett case whose statement to police turned the actor from victim to suspect. Jussie Smollett was charged in February on six counts of disorderly conduct alleging he orchestrated a racist and homophobic attack on himself in downtown Chicago in January 2019.
We will keep you updated as more details emerge.