Jussie Smollett testimony, questioning of Osundairo brothers concludes ahead of verdict in alleged fake attack case


CHICAGO (WLS) — Closing arguments are set for Wednesday morning in the trial of actor Jussie Smollett.

In court Tuesday, Smollett finished testifying on his own behalf before both sides rested.

WATCH: Legal expert weighs in on Jussie Smollett testifying

He repeatedly denied that he staged a homophobic and racist attack on himself during hours of testimony at the Leighton Criminal Courthouse.

If he’s convicted, Smollett’s words on the stand could land him in yet more trouble.

Jussie Smollett case: Timeline of key moments leading up to trial on disorderly conduct charges

“You can’t be penalized (by a judge) for not testifying but if he takes the stand and the judge believes he perjured himself, he can add (jail or prison) time,” said David Erickson, a former state appellate judge who teaches at Chicago Kent College of Law.

Smollett claimed he was in touch with one of the men accused of helping him stage the alleged attack in January 2019 because they were supposed to work out together.

WATCH: Jussie Smollett case ‘has been incredibly painful,’ brother says

Last week the Osundairo brothers, accused in the plot, testified Smollett asked them to fake that attack and even paid them for supplies to carry it out.

The jury could get the case later Wednesday. They will decide if the prosecution made its case to prove Smollett lied to Chicago police officers about an alleged hate crime.

Prosecutors, including Special Prosecutor Dan Webb, contend the former “Empire” star was upset his TV studio didn’t take seriously a threatening letter he’d reported, and so he hatched a plan for the fake attack.
SEE MORE: Jussie Smollett trial: Prosecution rests case after star witness testimony from Osundairo brothers

But Smollett testified the studio, in fact, wanted to hire security for him and he turned it down because it was too intrusive.

The actor’s defense attorneys have insisted Smollett is a real victim in the alleged Streeterville attack.

Smollett, 39, is charged with six counts of felony disorderly conduct for making what prosecutors say was a false police report about the alleged attack – one count for each time he gave a report – to three different officers. The class 4 felony carries a prison sentence of up to three years, but experts have said if Smollett is convicted he likely would be placed on probation and ordered to perform community service.

Smollett has pleaded not guilty.

Associated Press contributed to this report.

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