1 00:00:00,960 --> 00:00:11,239 Speaker 1: Crime Stories with Nancy Grace, Oh My Stars, does it 2 00:00:11,440 --> 00:00:19,400 Speaker 1: never end with this poser? This felon? Oh My Stars. 3 00:00:20,040 --> 00:00:26,960 Speaker 1: Jesse Smollett, remember him, the race hoaxer who claimed he 4 00:00:27,120 --> 00:00:30,720 Speaker 1: was attacked because he is black and gay and when 5 00:00:30,760 --> 00:00:34,600 Speaker 1: police arrived at his luxury apartment, he still had a 6 00:00:34,760 --> 00:00:39,279 Speaker 1: rope around his neck. It was all a lie. Oh 7 00:00:39,560 --> 00:00:45,839 Speaker 1: My Stars, He's getting rewarded. Special Forces the World's Toughest 8 00:00:45,960 --> 00:00:52,720 Speaker 1: Test unveils its celebrity contestants competing in the fourth season 9 00:00:53,320 --> 00:00:59,680 Speaker 1: of the Quasie military training reality show Oh My Stars, 10 00:01:00,560 --> 00:01:06,080 Speaker 1: with Smolette wisecracking on Instagram. It was at this moment 11 00:01:06,160 --> 00:01:10,399 Speaker 1: I said I should have just done the masked singer Nancy. 12 00:01:10,520 --> 00:01:13,600 Speaker 2: Jesse's Molett became the fourth celebrity to drop out of 13 00:01:13,640 --> 00:01:18,039 Speaker 2: season four of Special Forces World's Toughest Test. The stars 14 00:01:18,080 --> 00:01:20,960 Speaker 2: were dropped into a simulated war zone for a challenge 15 00:01:21,240 --> 00:01:25,399 Speaker 2: and charged with finding and extracting fallen comrades. When the 16 00:01:25,480 --> 00:01:30,000 Speaker 2: team reported back to base camp, Jesse's Malette suffered a 17 00:01:30,040 --> 00:01:33,959 Speaker 2: painful cough and had to be medically discharged. 18 00:01:34,640 --> 00:01:39,080 Speaker 1: Well, okay, Iike say quite often I've seen it all, 19 00:01:39,240 --> 00:01:42,759 Speaker 1: but now I really have seen it all. I'mancy Grace, 20 00:01:42,959 --> 00:01:45,319 Speaker 1: this is crime Stories. I want to thank you for 21 00:01:45,360 --> 00:01:52,440 Speaker 1: being with us. The disgraced race hoaxer swore he was 22 00:01:52,480 --> 00:01:57,800 Speaker 1: attacked by two MAGA supporters who actually turned out to 23 00:01:57,800 --> 00:02:03,760 Speaker 1: be his personal trainer, the Osendaro brothers. They swear under 24 00:02:03,840 --> 00:02:07,960 Speaker 1: oath he hired them to pour bleach on him and 25 00:02:08,000 --> 00:02:13,480 Speaker 1: put a noose around his neck to bolster his celebrity 26 00:02:13,480 --> 00:02:17,160 Speaker 1: profile and get a raise. Remember, he was a star 27 00:02:17,480 --> 00:02:21,120 Speaker 1: of the hit series Empire that came crashing down after 28 00:02:21,160 --> 00:02:25,519 Speaker 1: he pulled off this stunt. Let me jog your recollection. 29 00:02:26,160 --> 00:02:29,000 Speaker 3: Listen to this. You know it's two o'clock in the morning. 30 00:02:29,280 --> 00:02:33,200 Speaker 3: You're going to subway. Subsperia is open twenty four hours. 31 00:02:33,600 --> 00:02:35,400 Speaker 4: Like people kill you when they say things like that, 32 00:02:35,440 --> 00:02:37,440 Speaker 4: because it's like the subway is open twenty four hours 33 00:02:37,480 --> 00:02:39,880 Speaker 4: for a reason, so that when you're hungry at night 34 00:02:39,880 --> 00:02:41,880 Speaker 4: and you ain't got no food, you go to subway 35 00:02:42,840 --> 00:02:44,720 Speaker 4: the camera and be facing north. 36 00:02:44,960 --> 00:02:49,240 Speaker 3: How is that my issue? It feels like if I 37 00:02:49,320 --> 00:02:53,960 Speaker 3: had said it was a Muslim or a Mexican. 38 00:02:55,240 --> 00:02:58,639 Speaker 4: Or someone black, I feel like the Dowters would have 39 00:02:58,639 --> 00:03:02,360 Speaker 4: supported me a lot, much, a lot more. And that 40 00:03:02,440 --> 00:03:04,680 Speaker 4: says a lot about the place that we are in 41 00:03:04,680 --> 00:03:06,840 Speaker 4: our country right now, the fact. 42 00:03:06,560 --> 00:03:09,720 Speaker 3: That we have these fear mongols, these people that. 43 00:03:09,760 --> 00:03:14,440 Speaker 4: Are trying to separate us, and. 44 00:03:16,600 --> 00:03:19,320 Speaker 3: It's just not okay. It's just not okay. 45 00:03:19,400 --> 00:03:22,840 Speaker 4: And for all of the people, the next time that 46 00:03:22,919 --> 00:03:27,600 Speaker 4: you see someone report something, maybe well after the fact 47 00:03:27,600 --> 00:03:32,160 Speaker 4: that it happened, and you say to them, well, why 48 00:03:32,160 --> 00:03:35,120 Speaker 4: are you waiting until now? Just remember that mine was 49 00:03:35,160 --> 00:03:37,640 Speaker 4: reported right away and look what has happened. 50 00:03:38,880 --> 00:03:43,720 Speaker 1: You are hearing TV star Jesse Smillette talking to superstar 51 00:03:43,880 --> 00:03:48,760 Speaker 1: Robin Roberts on GMA at ABC talking about people who 52 00:03:48,800 --> 00:03:53,920 Speaker 1: have doubted his story that he was attacked by I 53 00:03:54,000 --> 00:03:57,680 Speaker 1: believe it started as two white males. It changed at 54 00:03:57,680 --> 00:04:02,280 Speaker 1: some point wearing red maga hats. I believe is how 55 00:04:02,280 --> 00:04:05,680 Speaker 1: the story started. That also has changed to am in 56 00:04:05,760 --> 00:04:10,120 Speaker 1: the morning, coming out of a subway sandwich shop. According 57 00:04:10,320 --> 00:04:14,440 Speaker 1: to Jesse Similette, everyone knows him big star on Empire. 58 00:04:14,960 --> 00:04:18,640 Speaker 1: He was attacked the purpose through acid on him, put 59 00:04:18,680 --> 00:04:23,200 Speaker 1: a rope around his neck. It's my understanding. He called 60 00:04:23,440 --> 00:04:27,799 Speaker 1: his manager and not nine one one. When he walked 61 00:04:27,839 --> 00:04:32,039 Speaker 1: back home. He then called nine one one. When police arrived, 62 00:04:32,040 --> 00:04:37,039 Speaker 1: they found him sitting there and roughed up and the 63 00:04:37,120 --> 00:04:42,479 Speaker 1: rope steal around his neck. What is the truth. If 64 00:04:42,480 --> 00:04:45,080 Speaker 1: this is the truth, who attacked him? If it's not 65 00:04:45,240 --> 00:04:51,080 Speaker 1: the truth. When he talks about his detractors dividing people, 66 00:04:51,839 --> 00:04:56,920 Speaker 1: is he the one that's dividing people? And again, this 67 00:04:56,960 --> 00:05:02,000 Speaker 1: is not about politics. I think all editions lie, every 68 00:05:02,320 --> 00:05:07,479 Speaker 1: single one of them. This is about a potential hoax 69 00:05:07,960 --> 00:05:12,440 Speaker 1: on police or a horrible hate crime. With me an 70 00:05:12,440 --> 00:05:15,039 Speaker 1: all star panel forensics expert, and boy do we need 71 00:05:15,080 --> 00:05:19,240 Speaker 1: her now, Karen Smith out of the Florida jurisdiction, renowned 72 00:05:19,440 --> 00:05:24,600 Speaker 1: criminal attorney, DARRYLD Cohen, former prosecutor, joining me from Atlanta, 73 00:05:24,839 --> 00:05:30,000 Speaker 1: join me, joining me from La psychoanalyst doctor Bethany Marshall, 74 00:05:30,040 --> 00:05:33,960 Speaker 1: and joining me right now, crime online dot COM's Ellenclaurin 75 00:05:34,600 --> 00:05:38,800 Speaker 1: E K. Let's just start at the beginning. Now, Typically, 76 00:05:38,960 --> 00:05:42,279 Speaker 1: when I'm hungry at two o'clock, I get something anything, 77 00:05:42,640 --> 00:05:45,400 Speaker 1: usually the wrong thing, out of the fridge, eat it, 78 00:05:45,480 --> 00:05:48,320 Speaker 1: and go back to sleep. All right. Usually I don't 79 00:05:48,320 --> 00:05:50,800 Speaker 1: feel like getting up and even going to the fridge 80 00:05:50,800 --> 00:05:53,840 Speaker 1: because I'm exhausted. But let's just start with a two 81 00:05:53,920 --> 00:05:55,480 Speaker 1: am subway sandwich call. 82 00:05:55,839 --> 00:06:00,000 Speaker 5: Go well, It does appear that johnsy Small at High 83 00:06:00,560 --> 00:06:04,640 Speaker 5: arrived to the airport in Chicago late. So I don't 84 00:06:04,640 --> 00:06:06,400 Speaker 5: think this was a matter of him waking up in 85 00:06:06,440 --> 00:06:08,160 Speaker 5: the middle of that and going out to the spreading 86 00:06:08,200 --> 00:06:10,560 Speaker 5: cold in the subway. It was a very cold day though, 87 00:06:10,760 --> 00:06:13,560 Speaker 5: and he's he tells police that he's on his way 88 00:06:13,600 --> 00:06:15,320 Speaker 5: home with his subway sandwich. 89 00:06:15,520 --> 00:06:20,599 Speaker 1: W whit whit right, whit whit? Wait? This is in Chicago, correct, 90 00:06:21,200 --> 00:06:24,680 Speaker 1: that's right? Yea, So how cold is it it? 91 00:06:24,920 --> 00:06:27,920 Speaker 5: We were pretty sure it was below freedom temperatures. This 92 00:06:27,920 --> 00:06:30,960 Speaker 5: this was during a very very very cold spell in Chicago. 93 00:06:31,080 --> 00:06:33,800 Speaker 1: I don't know the exact doctor Bethney. He must have 94 00:06:33,839 --> 00:06:36,320 Speaker 1: been very hungry, very hungry. 95 00:06:36,360 --> 00:06:40,400 Speaker 6: Indeed, his tummy must have been growling at two in 96 00:06:40,440 --> 00:06:44,080 Speaker 6: the morning, because you know, Chicago has those that windshill factor, 97 00:06:44,400 --> 00:06:48,960 Speaker 6: So if it's twenty degrees out regular temperature, the wind 98 00:06:49,000 --> 00:06:52,600 Speaker 6: starts blowing forty fifty degree below wind chill. I did 99 00:06:52,720 --> 00:06:55,800 Speaker 6: my undergraduate work there. Nobody goes out at two. 100 00:06:56,640 --> 00:07:00,640 Speaker 1: See Darryl Cohen, renowned Atlanta criminal defense attorney, is gnashing 101 00:07:00,680 --> 00:07:04,080 Speaker 1: his teeth and twitching his tail right now because he 102 00:07:04,200 --> 00:07:06,400 Speaker 1: thinks the temp has nothing to do with any of this. 103 00:07:07,120 --> 00:07:09,479 Speaker 1: But that's why I always like to start, Darryl, not 104 00:07:09,760 --> 00:07:14,240 Speaker 1: with just the temperature, but the beginning. The beginning is 105 00:07:14,600 --> 00:07:17,440 Speaker 1: he wakes up, according to his story, at two am, 106 00:07:18,320 --> 00:07:20,280 Speaker 1: and instead of getting left over piece out of the 107 00:07:20,280 --> 00:07:23,559 Speaker 1: fridge or a whole chocolate cake or whatever the matter 108 00:07:23,600 --> 00:07:29,120 Speaker 1: may be, he goes out in forty below to get 109 00:07:29,120 --> 00:07:32,680 Speaker 1: a Subway sandwich. See I start right there, That's where 110 00:07:32,720 --> 00:07:36,320 Speaker 1: I start the story. And I think that's crazy. I'm 111 00:07:36,360 --> 00:07:38,360 Speaker 1: not saying it didn't happen. I just think that's Craig 112 00:07:38,440 --> 00:07:39,800 Speaker 1: cray Well. 113 00:07:39,840 --> 00:07:42,760 Speaker 7: I'm wondering if Subway was actually open at two in 114 00:07:42,760 --> 00:07:43,200 Speaker 7: the morning. 115 00:07:43,280 --> 00:07:46,680 Speaker 1: Yep, they're twenty four hour. Yeah. I love Subway. Although 116 00:07:46,720 --> 00:07:49,080 Speaker 1: I did have a mini boycott for a week after 117 00:07:49,600 --> 00:07:55,120 Speaker 1: Jared was, you know, busted on child porn. I guess 118 00:07:55,120 --> 00:07:59,280 Speaker 1: it was their spokesperson. But long story short, Darryl Cohen, 119 00:07:59,440 --> 00:08:02,360 Speaker 1: I mean, a defense attorney would argue that has absolutely 120 00:08:02,400 --> 00:08:03,720 Speaker 1: nothing to do with it. 121 00:08:04,080 --> 00:08:05,880 Speaker 7: I don't think it has anything to do with it. 122 00:08:05,960 --> 00:08:08,120 Speaker 7: I think what has to do with it is did 123 00:08:08,120 --> 00:08:10,560 Speaker 7: it or did it not happen? And as far as 124 00:08:10,600 --> 00:08:13,320 Speaker 7: I can see, from all the evidence that's been presented 125 00:08:13,360 --> 00:08:16,800 Speaker 7: to me. This guy is looking for more publicity for 126 00:08:16,960 --> 00:08:19,680 Speaker 7: whatever the reason, and he is about to get it. 127 00:08:20,000 --> 00:08:22,760 Speaker 1: Well, he's getting it all right, Okay, e K. Let's 128 00:08:22,800 --> 00:08:26,120 Speaker 1: just go with the premise that it's true because the official, 129 00:08:27,080 --> 00:08:30,280 Speaker 1: the official statement from Chicago PD is he is being 130 00:08:30,320 --> 00:08:33,240 Speaker 1: treated as a victim because he is a victim book 131 00:08:37,200 --> 00:08:46,120 Speaker 1: Crime Stories with Nancy Grace. As you will recall, soon 132 00:08:46,200 --> 00:08:51,880 Speaker 1: after Smilette takes to the airwaves describing how he was 133 00:08:51,960 --> 00:08:55,679 Speaker 1: the victim of a hate crime, Chicago PD released surveillance 134 00:08:55,720 --> 00:09:03,240 Speaker 1: images of the perpetrators and the two as also being black. 135 00:09:04,360 --> 00:09:09,600 Speaker 1: They are Nigerian American brothers. So we see the attackers 136 00:09:10,800 --> 00:09:14,560 Speaker 1: performing a quote hate crime on Smolette, who is black, 137 00:09:15,720 --> 00:09:20,200 Speaker 1: and the purpse are black. Okay, just let that soak 138 00:09:20,280 --> 00:09:25,760 Speaker 1: in for a moment. To claim a hate crime and 139 00:09:26,520 --> 00:09:30,200 Speaker 1: wrap a rope around your neck as if you were 140 00:09:30,240 --> 00:09:35,920 Speaker 1: threatened with lynching, nothing could be more incendiary in our 141 00:09:36,120 --> 00:09:45,720 Speaker 1: American consciousness. A horrible, horrible era that our country endured, 142 00:09:47,640 --> 00:09:54,040 Speaker 1: all brought to the forefront by Smolette's hoax. Then evidence 143 00:09:54,080 --> 00:09:57,960 Speaker 1: came out Smolet orchestrated his own attack and paid the 144 00:09:58,000 --> 00:10:01,480 Speaker 1: brothers nearly four thousand dollars. 145 00:10:01,679 --> 00:10:02,840 Speaker 3: Idiot wrote a check. 146 00:10:03,360 --> 00:10:08,960 Speaker 1: Yeah, idiot wrote a check for his hate crime attack. 147 00:10:09,760 --> 00:10:11,560 Speaker 1: What more do we know? 148 00:10:12,640 --> 00:10:15,839 Speaker 8: When did you because as you said, it was an 149 00:10:15,800 --> 00:10:22,120 Speaker 8: accurate account of the timeline, valuable information, when did you 150 00:10:22,200 --> 00:10:25,800 Speaker 8: make that information available to the police. 151 00:10:25,840 --> 00:10:29,440 Speaker 4: We gave, we had to give the phone records, which 152 00:10:29,480 --> 00:10:31,680 Speaker 4: they didn't originally ask for my phone records. 153 00:10:31,920 --> 00:10:33,480 Speaker 3: They asked for my phone. 154 00:10:33,600 --> 00:10:35,800 Speaker 4: They wanted me to give my phone to the tech 155 00:10:36,160 --> 00:10:37,360 Speaker 4: for three to four hours. 156 00:10:37,720 --> 00:10:43,120 Speaker 3: I'm sorry, but I'm not gonna do that. 157 00:10:44,080 --> 00:10:49,320 Speaker 4: Why Because I have private pictures and videos and numbers, 158 00:10:49,800 --> 00:10:55,160 Speaker 4: my partner's number, my family's number, my castmate's number, my 159 00:10:55,200 --> 00:10:58,960 Speaker 4: friend's numbers, my private emails, my private songs, my private 160 00:10:59,040 --> 00:10:59,760 Speaker 4: voice memos. 161 00:11:00,120 --> 00:11:01,760 Speaker 3: I don't know what that's going to be to hand 162 00:11:01,800 --> 00:11:03,680 Speaker 3: over my phone for. 163 00:11:04,120 --> 00:11:08,079 Speaker 4: And honestly, by then, inaccurate false statements had already been 164 00:11:08,200 --> 00:11:08,880 Speaker 4: put out there. 165 00:11:09,640 --> 00:11:14,240 Speaker 1: You are hearing our friend superstar Robin Robert said ABC's GMA, 166 00:11:14,400 --> 00:11:18,480 Speaker 1: She's awesome, and she is talking to Jesse Smolette, the 167 00:11:18,600 --> 00:11:23,840 Speaker 1: Empire star Everybody Loves Empire, the Empire star who claims 168 00:11:23,880 --> 00:11:27,200 Speaker 1: that at two am in the morning in Chicago, he 169 00:11:27,440 --> 00:11:30,120 Speaker 1: decided he was hungry, goes out to subway sandwich, gets 170 00:11:30,120 --> 00:11:32,520 Speaker 1: a sandwich and is attacked by two guys that throw 171 00:11:32,640 --> 00:11:38,080 Speaker 1: acid on him or bleach bleach, wrap a rope around 172 00:11:38,120 --> 00:11:43,040 Speaker 1: his neck, attack him for being black and homosexual. He 173 00:11:43,120 --> 00:11:45,679 Speaker 1: manages to get home and call police. He says, he 174 00:11:45,760 --> 00:11:49,360 Speaker 1: calls his manager from the scene. Now, I think that 175 00:11:49,520 --> 00:11:53,320 Speaker 1: is why they wanted the phone, to confirm that he 176 00:11:53,400 --> 00:11:56,559 Speaker 1: called his manager and not nine to one one. They 177 00:11:56,600 --> 00:11:59,120 Speaker 1: are being clear why they want the phone, But they 178 00:11:59,160 --> 00:12:02,280 Speaker 1: want the phone. Karen Smith, journing me forensics expert out 179 00:12:02,280 --> 00:12:05,960 Speaker 1: of Florida. Why do they want Jesse Smollett's phone. 180 00:12:06,280 --> 00:12:09,679 Speaker 9: Listen, when you're dealing with an alleged victim or alleged perpetrators, 181 00:12:09,720 --> 00:12:12,320 Speaker 9: the best way now in the world of social media 182 00:12:12,360 --> 00:12:15,640 Speaker 9: and texting is to get the phone of the victim. 183 00:12:15,960 --> 00:12:19,119 Speaker 9: You can look at text messages and Instagram and Facebook 184 00:12:19,120 --> 00:12:22,480 Speaker 9: and Twitter and all those things, and text messages especially 185 00:12:22,920 --> 00:12:26,920 Speaker 9: Listen if nothing happened. And I understand, you know the 186 00:12:26,960 --> 00:12:29,880 Speaker 9: privacy thing, and there's phone numbers and emails and whatever 187 00:12:29,920 --> 00:12:33,280 Speaker 9: that he want released. But the police are They're not 188 00:12:33,320 --> 00:12:35,560 Speaker 9: going to go into that. That's not their interest. Their 189 00:12:35,600 --> 00:12:40,880 Speaker 9: interest is looking at communications between Jesse Smollett and these 190 00:12:40,960 --> 00:12:44,720 Speaker 9: other alleged perpetrators, if there was any, if there was any, 191 00:12:45,360 --> 00:12:47,160 Speaker 9: the phone call that he made to his manager, what 192 00:12:47,240 --> 00:12:49,240 Speaker 9: time did he make it, where did he make it from? 193 00:12:49,440 --> 00:12:51,400 Speaker 9: All of those questions have to be answered, and they 194 00:12:51,480 --> 00:12:54,800 Speaker 9: have to have the device. They can't just take somebody's 195 00:12:54,800 --> 00:12:57,720 Speaker 9: word for it. That's not how life works anymore. 196 00:12:57,440 --> 00:13:01,920 Speaker 1: Not anymore. Gerald Cohen, Atlanta, criminal to defense attorney, former prosecutor, 197 00:13:01,960 --> 00:13:05,000 Speaker 1: felony prosecutor in the jurisdiction where I also prosecuted. I 198 00:13:05,160 --> 00:13:08,840 Speaker 1: just missed him, Darryl. At the time when we were 199 00:13:09,280 --> 00:13:12,319 Speaker 1: when I first started prosecuting, we did not have DNA, 200 00:13:12,520 --> 00:13:15,280 Speaker 1: we did not have cell phone pinging. We did it 201 00:13:15,360 --> 00:13:19,760 Speaker 1: old school, okay, and we did it now with the 202 00:13:19,840 --> 00:13:26,400 Speaker 1: advent of cell phone triangulation GPS tracking. When he is 203 00:13:26,520 --> 00:13:31,400 Speaker 1: saying that he won't hand his phone over, that is 204 00:13:31,440 --> 00:13:34,040 Speaker 1: a problem to me. I don't have a problem with 205 00:13:34,160 --> 00:13:36,720 Speaker 1: anything else he's saying. But when he says find you 206 00:13:36,760 --> 00:13:38,600 Speaker 1: know what, I don't have to explain why he's hungry 207 00:13:38,640 --> 00:13:41,520 Speaker 1: at two am or goes out in sub zero that 208 00:13:41,920 --> 00:13:45,559 Speaker 1: below freezing. That's a personal decision. But when you don't 209 00:13:45,600 --> 00:13:48,680 Speaker 1: hand your phone over to cops. That is a big 210 00:13:49,120 --> 00:13:53,240 Speaker 1: red flag to hay with your private communications. If you 211 00:13:53,360 --> 00:13:58,000 Speaker 1: have had bleach poured on, you, beaten up, have a 212 00:13:58,200 --> 00:14:01,600 Speaker 1: rope tied around your neck out on the street, you're 213 00:14:01,600 --> 00:14:05,400 Speaker 1: handing your phone over because you want those people caught, right, 214 00:14:05,480 --> 00:14:08,360 Speaker 1: I mean, have I lost my mind on that one thing, Darryl. 215 00:14:08,520 --> 00:14:11,920 Speaker 7: Well, Nancy, I'm having a very big problem with finding 216 00:14:11,920 --> 00:14:14,480 Speaker 7: out why he would call his manager. So the last 217 00:14:14,480 --> 00:14:17,559 Speaker 7: time I checked, was not a law enforcement person, was 218 00:14:17,679 --> 00:14:21,320 Speaker 7: not a bodyguard. Why would you not call the police 219 00:14:21,440 --> 00:14:24,600 Speaker 7: any of us. Any of us, whether we're an actor, 220 00:14:24,640 --> 00:14:27,640 Speaker 7: whether we're a lawyer, whether an Indian chief, whatever we 221 00:14:27,720 --> 00:14:30,120 Speaker 7: may be, we are going to call the police if 222 00:14:30,120 --> 00:14:33,120 Speaker 7: something bad happens. So yeah, I've got a real problem 223 00:14:33,120 --> 00:14:37,080 Speaker 7: with him not turning over his phone. This guy is Jesse, 224 00:14:37,240 --> 00:14:41,360 Speaker 7: but he thinks he's Jesse James. He is having you 225 00:14:41,440 --> 00:14:43,520 Speaker 7: work now, he's having a real problem. 226 00:14:43,800 --> 00:14:46,040 Speaker 1: You probably see that all night, law Thank you having 227 00:14:46,040 --> 00:14:49,440 Speaker 1: it coming up with that. He's not Jesse, he's Jesse James. Okay, 228 00:14:49,720 --> 00:14:51,800 Speaker 1: you know what, I'm going to just pass over that one. 229 00:14:51,960 --> 00:14:55,520 Speaker 1: You know, it's a big deal to me, Darryl, And 230 00:14:56,560 --> 00:14:59,160 Speaker 1: I know you're a famous defense attorney now, but in 231 00:14:59,200 --> 00:15:04,200 Speaker 1: my mind, you'll always be an incredible felony prosecutor because 232 00:15:04,240 --> 00:15:06,200 Speaker 1: you could get a jury eating out of your hand. 233 00:15:06,640 --> 00:15:09,880 Speaker 1: You're always prepared. You need the law, you need the facts. 234 00:15:10,280 --> 00:15:12,400 Speaker 1: You knew it all when you went in front of 235 00:15:12,400 --> 00:15:16,040 Speaker 1: a jury. And in this case, when you have a 236 00:15:16,120 --> 00:15:20,040 Speaker 1: victim that does not cooperate with police, that is a problem. 237 00:15:20,080 --> 00:15:23,480 Speaker 1: I don't care who he is. I don't care who 238 00:15:23,480 --> 00:15:27,680 Speaker 1: he sleeps with. I could not care less. I don't care. 239 00:15:28,800 --> 00:15:32,920 Speaker 1: But if you don't cooperate with police, then that is 240 00:15:32,960 --> 00:15:36,280 Speaker 1: a problem with me. What's your problem? 241 00:15:36,320 --> 00:15:39,280 Speaker 7: It's a problem with me as well. I've got another 242 00:15:39,320 --> 00:15:41,840 Speaker 7: problem with that. How in the world in the middle 243 00:15:41,880 --> 00:15:45,720 Speaker 7: of the night, two am, nine degrees minus nine degrees. 244 00:15:45,720 --> 00:15:51,000 Speaker 7: It's about the same frozen do you get mugged by 245 00:15:51,040 --> 00:15:54,920 Speaker 7: two people who know you're obviously black but you're homosexual? 246 00:15:55,280 --> 00:15:58,640 Speaker 1: Really and you well because he's a famous place on 247 00:15:58,720 --> 00:16:02,920 Speaker 1: this TV star. So here's the thing, this is another 248 00:16:03,400 --> 00:16:07,240 Speaker 1: wrinkle in this. To Ellenklauren Crime online dot Com, hold on, 249 00:16:07,320 --> 00:16:10,120 Speaker 1: I'm going to write this down. Here's the thing. So, 250 00:16:10,280 --> 00:16:15,520 Speaker 1: if they were targeting Jesse Smollette, Okay, hold on, if 251 00:16:15,560 --> 00:16:19,160 Speaker 1: they were targeting him and this was a hate crime. 252 00:16:19,680 --> 00:16:24,360 Speaker 1: How did they know to be outside the subway at 253 00:16:24,360 --> 00:16:28,440 Speaker 1: two am with bleach and rope? Or are they just 254 00:16:28,480 --> 00:16:30,680 Speaker 1: hanging around to get a sandwich and they happen to 255 00:16:30,680 --> 00:16:35,600 Speaker 1: have bleach and rope with them? If they were targeting 256 00:16:35,720 --> 00:16:41,040 Speaker 1: Jesse Smolette, e kay, were they casing out his apartment? 257 00:16:41,280 --> 00:16:44,760 Speaker 1: Why were they there at two am? And I haven't 258 00:16:44,800 --> 00:16:49,600 Speaker 1: even touched on these two guys, these two Nigerian guys 259 00:16:50,000 --> 00:16:55,920 Speaker 1: that work out in his apartment building gym that know him, 260 00:16:56,400 --> 00:16:59,640 Speaker 1: that have been extras on the set of Empire, or 261 00:16:59,680 --> 00:17:03,640 Speaker 1: at least one of them has that have been questioned 262 00:17:03,760 --> 00:17:07,919 Speaker 1: and released and allegedly are now saying they were paid 263 00:17:08,240 --> 00:17:10,439 Speaker 1: to do the attack. But first of all, I'm going 264 00:17:10,520 --> 00:17:13,960 Speaker 1: to get to the theory, Ellen to Laurence. So the 265 00:17:14,040 --> 00:17:18,720 Speaker 1: perps were what waiting outside the subway sandwich shop for him? 266 00:17:18,880 --> 00:17:21,199 Speaker 1: I mean, what's the theory here? How did they know 267 00:17:21,800 --> 00:17:24,439 Speaker 1: he was going to be getting a sandwich at two am? 268 00:17:24,720 --> 00:17:27,240 Speaker 1: If he was the one targeted for a hate crime. 269 00:17:27,880 --> 00:17:28,800 Speaker 9: Well, Nancy, they. 270 00:17:28,720 --> 00:17:30,640 Speaker 5: May have not known that he was going to get 271 00:17:30,680 --> 00:17:33,960 Speaker 5: a sandwich at two am, But Jesse has an un 272 00:17:34,240 --> 00:17:35,680 Speaker 5: Instagram account. 273 00:17:35,240 --> 00:17:37,320 Speaker 6: And he's a very active social media user. 274 00:17:37,920 --> 00:17:40,200 Speaker 5: And we learned over the weekend that he had been 275 00:17:40,240 --> 00:17:43,359 Speaker 5: in New York during the previous days and he was 276 00:17:43,400 --> 00:17:47,840 Speaker 5: on He had slowed back to Chicago that night, but 277 00:17:47,960 --> 00:17:50,320 Speaker 5: his flight was the lead and he came in much 278 00:17:50,359 --> 00:17:53,800 Speaker 5: later than expected, and he posted a couple of Instagram 279 00:17:53,840 --> 00:17:58,520 Speaker 5: stories on his Instagram account talking about how. 280 00:17:58,320 --> 00:17:59,440 Speaker 9: His flight was the leaded. 281 00:18:00,240 --> 00:18:03,080 Speaker 5: Someone who had to have had a little bit of 282 00:18:03,640 --> 00:18:06,480 Speaker 5: information about what was going on with him that day. 283 00:18:06,520 --> 00:18:09,439 Speaker 5: If they wanted to track his movements, they could to 284 00:18:09,520 --> 00:18:12,119 Speaker 5: a certain degree through his social media activity. 285 00:18:12,960 --> 00:18:18,119 Speaker 1: Jesse Smilett, the infamous race hoaxer, the former star of Empire. 286 00:18:18,320 --> 00:18:22,119 Speaker 1: He brought that Crashing Down is going to star on 287 00:18:22,240 --> 00:18:24,359 Speaker 1: Special Forces World's Toughest Test. 288 00:18:24,960 --> 00:18:28,680 Speaker 2: The teams had to navigate tough terrain, obstacles and fake 289 00:18:28,760 --> 00:18:33,680 Speaker 2: explosions for the reality series in the hot Moroccan desert. Reportedly, 290 00:18:33,800 --> 00:18:38,000 Speaker 2: Jesse was determined to power through the difficult reality competition, 291 00:18:38,560 --> 00:18:41,600 Speaker 2: but in addition to nearly throwing up mid exercise, he 292 00:18:41,720 --> 00:18:46,200 Speaker 2: developed a nasty cough that became worse, ultimately leading to 293 00:18:46,280 --> 00:18:49,119 Speaker 2: him being declared medically ineligible. 294 00:18:49,280 --> 00:18:51,000 Speaker 1: Guys, what more do we know? 295 00:18:51,480 --> 00:18:54,119 Speaker 4: I think that what people need to hear is just 296 00:18:54,160 --> 00:19:00,120 Speaker 4: the truth. It's just the truth, because everybody has their 297 00:19:00,119 --> 00:19:05,480 Speaker 4: own idea. Some are healing and some are hurtful. But 298 00:19:06,200 --> 00:19:11,960 Speaker 4: I just want young people, young members of the LGBTQ community, 299 00:19:12,200 --> 00:19:17,120 Speaker 4: young black children, to know how strong that they are, 300 00:19:17,560 --> 00:19:20,760 Speaker 4: to know the power that they hold in their little pinky. 301 00:19:21,280 --> 00:19:24,240 Speaker 10: It's been two weeks since that night left actor Jesse 302 00:19:24,359 --> 00:19:28,520 Speaker 10: Smolett bruised but not broken, and he's still processing the 303 00:19:28,640 --> 00:19:29,440 Speaker 10: raw motions. 304 00:19:29,880 --> 00:19:32,840 Speaker 3: Have you ever been threatened before? Yeah? 305 00:19:32,960 --> 00:19:37,000 Speaker 4: I get threatened all the time on Twitter and Instagram 306 00:19:37,080 --> 00:19:38,560 Speaker 4: and dms and things like that. 307 00:19:38,680 --> 00:19:42,399 Speaker 3: It's like, but you know, I'm a public figure. 308 00:19:43,720 --> 00:19:52,840 Speaker 4: I'm very outspoken. Sometimes maybe too outspoken, but it's who 309 00:19:52,880 --> 00:19:56,919 Speaker 4: I am, you know, So I get the idea of 310 00:19:57,000 --> 00:19:59,720 Speaker 4: pissing people off, that you're gonna rub people. 311 00:20:00,800 --> 00:20:03,919 Speaker 10: In fact, the week before the attack, police confirm a 312 00:20:04,000 --> 00:20:06,720 Speaker 10: letter was sent to the Fox studio in Chicago with 313 00:20:06,800 --> 00:20:11,280 Speaker 10: threatening language, at least with powdery substance likely Taylanol, do 314 00:20:11,359 --> 00:20:14,560 Speaker 10: you think there's a link between the letter and the attack? 315 00:20:16,000 --> 00:20:18,360 Speaker 10: And you did mention it to the police right away out. 316 00:20:18,200 --> 00:20:22,720 Speaker 11: Of the letter, absolutely, just because on the letter it 317 00:20:22,880 --> 00:20:25,439 Speaker 11: had a stick figure hanging from a tree with a 318 00:20:25,480 --> 00:20:28,440 Speaker 11: gun pointing towards it, with the words that said small 319 00:20:28,480 --> 00:20:29,800 Speaker 11: at Jesse, you will die black. 320 00:20:30,720 --> 00:20:33,240 Speaker 3: There was no address, but the return address. 321 00:20:32,880 --> 00:20:37,240 Speaker 4: It in big red, you know, like caps, maga Did 322 00:20:37,280 --> 00:20:38,040 Speaker 4: I make that up too? 323 00:20:39,119 --> 00:20:42,600 Speaker 1: You are hearing our friend Robin Roberts at ABC'SGMA speaking 324 00:20:42,680 --> 00:20:45,879 Speaker 1: with Empire star Jesse Smillett, And right now we know 325 00:20:46,040 --> 00:20:48,800 Speaker 1: that the police investigation is going on. Police chief has 326 00:20:48,880 --> 00:20:53,399 Speaker 1: confirmed the two guys that allegedly are identified in the 327 00:20:53,520 --> 00:20:58,679 Speaker 1: video that police believe committed the act the attack on 328 00:20:58,840 --> 00:21:05,240 Speaker 1: Jesse Smollett has been apprehended, questioned, and released with no charges. 329 00:21:06,840 --> 00:21:10,520 Speaker 1: What about these letters, Ellen Calaurin, What are the letters 330 00:21:10,960 --> 00:21:14,639 Speaker 1: that he claims he got leading up to this attack? 331 00:21:14,800 --> 00:21:15,880 Speaker 1: Threatening letters? 332 00:21:16,960 --> 00:21:20,320 Speaker 5: Yes, one, exactly one week before the night of the 333 00:21:20,760 --> 00:21:25,520 Speaker 5: alleged assault, a letter was sent to the studio where 334 00:21:25,520 --> 00:21:29,040 Speaker 5: he filmed the show Empire in Chicago, and it contained 335 00:21:29,920 --> 00:21:33,359 Speaker 5: direct death threats, homophobic. 336 00:21:32,640 --> 00:21:34,040 Speaker 6: And racist language. 337 00:21:34,440 --> 00:21:37,440 Speaker 5: There's two things about the letter that are coming up 338 00:21:37,640 --> 00:21:40,800 Speaker 5: more recently in the discussion around this case. One of 339 00:21:40,840 --> 00:21:45,480 Speaker 5: those is that some unidentified forces who have access to 340 00:21:45,520 --> 00:21:48,959 Speaker 5: the set and may even work with Jesse, have told 341 00:21:49,160 --> 00:21:53,439 Speaker 5: CBS News that he was unhappy about the response to 342 00:21:53,480 --> 00:21:55,359 Speaker 5: the letter and the threat that he got, that he 343 00:21:55,480 --> 00:21:59,479 Speaker 5: felt that there wasn't it wasn't taken seriously enough, and 344 00:21:59,520 --> 00:22:03,040 Speaker 5: that he was angry, and that they're questioning did he 345 00:22:03,560 --> 00:22:08,720 Speaker 5: set up this orchestrate this purported hate crime as retaliation 346 00:22:09,000 --> 00:22:12,560 Speaker 5: for that. The other thing that we're learning, and again 347 00:22:12,680 --> 00:22:16,360 Speaker 5: these are not official law enforcement statements. These are unidentified sources. 348 00:22:16,400 --> 00:22:19,560 Speaker 5: You are talking to new Thoughtless. But we're learning that 349 00:22:19,640 --> 00:22:21,840 Speaker 5: the letter was made out of and you can see 350 00:22:21,880 --> 00:22:22,680 Speaker 5: it in the photos. 351 00:22:22,840 --> 00:22:24,480 Speaker 9: The letter was written sort of. 352 00:22:24,480 --> 00:22:27,520 Speaker 5: Like a ransom type of letter with cutout letters from 353 00:22:27,600 --> 00:22:32,600 Speaker 5: a magazine. And we're hearing that when investigators went and 354 00:22:32,840 --> 00:22:35,480 Speaker 5: raided the apartment of these two brothers who have been 355 00:22:35,520 --> 00:22:39,399 Speaker 5: identified as possibly involved in this attack, they took away 356 00:22:39,760 --> 00:22:40,520 Speaker 5: a magazine. 357 00:22:40,560 --> 00:22:43,480 Speaker 1: Wait a minute, Wait a minute, dodgor Bethany Marshall. Are 358 00:22:43,520 --> 00:22:47,520 Speaker 1: these threat letters like the kinds you see on Agatha 359 00:22:47,600 --> 00:22:52,439 Speaker 1: Christi and Erquille Poirot, like in the movies where you 360 00:22:52,600 --> 00:22:56,639 Speaker 1: cut out letters from the newspaper and you stick them 361 00:22:56,640 --> 00:23:00,800 Speaker 1: on a piece of paper instead of divulging your handwriting. 362 00:23:01,480 --> 00:23:05,240 Speaker 1: And also we are learning for sure that in a 363 00:23:05,280 --> 00:23:09,000 Speaker 1: follow up visit by investigators, Malette says the attackers mentioned 364 00:23:09,400 --> 00:23:13,480 Speaker 1: something about this is Maga country, which relates back to 365 00:23:13,520 --> 00:23:18,760 Speaker 1: the Trump campaign. So the whole situation is fluid, but 366 00:23:18,800 --> 00:23:22,560 Speaker 1: I can tell you this. Remember the runaway Bride when 367 00:23:22,600 --> 00:23:26,720 Speaker 1: she lied about getting kidnapped, she got to cut grass 368 00:23:26,760 --> 00:23:29,560 Speaker 1: and do community service out in the public. I forgot 369 00:23:29,640 --> 00:23:34,320 Speaker 1: how long other people have done jail time, hard jail 370 00:23:34,400 --> 00:23:38,520 Speaker 1: time for bringing police in on a hoax of an investigation, 371 00:23:39,320 --> 00:23:42,560 Speaker 1: because who knows what crimes were really happening at the 372 00:23:42,600 --> 00:23:45,679 Speaker 1: time of a hoax, and instead of dealing with the 373 00:23:45,720 --> 00:23:50,320 Speaker 1: real crime, cops are out spending thousands and thousands of 374 00:23:50,600 --> 00:23:53,680 Speaker 1: dollars and man hours trying to solve a fake call. 375 00:23:53,960 --> 00:23:58,119 Speaker 1: And this one, if it is fake, is a whopper. 376 00:23:58,359 --> 00:24:01,640 Speaker 1: Now what do you make Dr bethany More? Marshall the studio, 377 00:24:01,920 --> 00:24:05,520 Speaker 1: the Empire Studio had assigned him bodyguards, we've been told, 378 00:24:06,400 --> 00:24:10,080 Speaker 1: but according to sources, he was unhappy with the reaction 379 00:24:10,200 --> 00:24:12,439 Speaker 1: to the letters. Does that mean what they didn't get 380 00:24:12,520 --> 00:24:15,320 Speaker 1: enough attention? What does that mean to you, doctor bethany. 381 00:24:15,560 --> 00:24:19,800 Speaker 6: Well, you were mentioning the runaway Bride and these crimes 382 00:24:19,880 --> 00:24:22,120 Speaker 6: where we find out it's a hoax in the end. 383 00:24:22,200 --> 00:24:24,200 Speaker 6: And I don't know if this was a hoax or not. 384 00:24:24,359 --> 00:24:28,080 Speaker 6: But in forensic interviews, one of the things we're trained 385 00:24:28,119 --> 00:24:31,399 Speaker 6: to do with crime victims is to find out if 386 00:24:31,440 --> 00:24:35,639 Speaker 6: they're doing something called malingering. MA Lingering is when you 387 00:24:35,840 --> 00:24:41,080 Speaker 6: make up medical symptoms or you exaggerate medical symptoms for 388 00:24:41,240 --> 00:24:45,400 Speaker 6: some external reward. It's that simple. Now, in twenty percent 389 00:24:45,880 --> 00:24:50,040 Speaker 6: of criminal cases, lingering is involved in some way, twenty 390 00:24:50,080 --> 00:24:53,240 Speaker 6: percent of PI cases, as you can imagine MA lingering, 391 00:24:53,600 --> 00:24:57,360 Speaker 6: thirty percent of disability cases. The sicker I am, the 392 00:24:57,359 --> 00:24:59,960 Speaker 6: more I'm going to get some kind of reward or attention, 393 00:25:00,960 --> 00:25:04,600 Speaker 6: or I'm going to get out of some consequence, like 394 00:25:04,720 --> 00:25:06,320 Speaker 6: You're not going to send me to jail, I'm not 395 00:25:06,359 --> 00:25:09,000 Speaker 6: going to have to go to the military. So what's 396 00:25:09,119 --> 00:25:13,720 Speaker 6: so interesting to me about this story is the exaggerate 397 00:25:13,840 --> 00:25:18,280 Speaker 6: two aspects, the exaggerated nature of his symptoms. He's sitting 398 00:25:18,480 --> 00:25:22,040 Speaker 6: on the sidewalk, bleach on his clothing, the rope around 399 00:25:22,080 --> 00:25:24,560 Speaker 6: his neck. Wouldn't you pull a rope off? No, he's 400 00:25:24,640 --> 00:25:27,560 Speaker 6: sitting there, you know, with the clear sign that he's 401 00:25:27,600 --> 00:25:31,920 Speaker 6: been accosted. He talks about being black, gay, LGBTQ. Anything 402 00:25:32,000 --> 00:25:35,040 Speaker 6: that could paint him in a sympathetic light he keeps 403 00:25:35,160 --> 00:25:39,280 Speaker 6: putting out there. The second aspect is the fuzzy nature 404 00:25:39,400 --> 00:25:44,320 Speaker 6: of the timeline. When somebody lingers, they usually obstruct the 405 00:25:44,359 --> 00:25:47,840 Speaker 6: investigation process. They do not want the investigators to know 406 00:25:48,000 --> 00:25:50,679 Speaker 6: clearly what happens. So if I have a patient and 407 00:25:50,720 --> 00:25:53,399 Speaker 6: my practice, who's malingering? You know, doctor Marshall, I was, 408 00:25:53,880 --> 00:25:55,480 Speaker 6: I don't know. My boss keeps. 409 00:25:55,359 --> 00:25:55,840 Speaker 9: Yelling at me. 410 00:25:55,880 --> 00:25:57,920 Speaker 6: I want to bring a lawsuit. You know, I say, well, 411 00:25:58,000 --> 00:25:59,760 Speaker 6: what did your boss say? Well, I don't know. I 412 00:25:59,880 --> 00:26:04,359 Speaker 6: just can't remember. So lingering is associated with very fuzzy 413 00:26:04,440 --> 00:26:05,000 Speaker 6: dcare Now. 414 00:26:05,040 --> 00:26:08,359 Speaker 1: Is it true? Ek ellencalorin Crime online dot Com investigative 415 00:26:08,359 --> 00:26:11,919 Speaker 1: reporter that Smold had been in New York to audition 416 00:26:12,040 --> 00:26:16,800 Speaker 1: for a role in the play that is very oddly 417 00:26:17,240 --> 00:26:22,280 Speaker 1: similar to his alleged attack. What do we know about 418 00:26:22,440 --> 00:26:25,440 Speaker 1: the play for which he was auditioning. 419 00:26:26,560 --> 00:26:28,720 Speaker 6: He was at a reading. 420 00:26:28,760 --> 00:26:29,880 Speaker 5: Actually it was an audition. 421 00:26:29,960 --> 00:26:31,240 Speaker 9: I believe he's already. 422 00:26:31,200 --> 00:26:32,920 Speaker 5: Part of the cast. But that's what he was doing 423 00:26:33,000 --> 00:26:35,240 Speaker 5: in New York. He was flying back to he was 424 00:26:35,240 --> 00:26:37,359 Speaker 5: flying back to Chicago from New York, and he was 425 00:26:37,359 --> 00:26:40,320 Speaker 5: in New York because he was doing a reading of 426 00:26:40,400 --> 00:26:43,159 Speaker 5: the script of this play. And the character in the 427 00:26:43,200 --> 00:26:46,840 Speaker 5: play is a person of color, it's a gay, it's 428 00:26:46,880 --> 00:26:49,399 Speaker 5: a celebrity, a sports star in the cave in the 429 00:26:49,400 --> 00:26:52,960 Speaker 5: case of the fictional character. But he is someone who 430 00:26:53,560 --> 00:26:57,080 Speaker 5: the character is someone who has been the victim of 431 00:26:57,160 --> 00:27:00,479 Speaker 5: hate crimes that according to the reports that we're reading 432 00:27:00,840 --> 00:27:05,359 Speaker 5: that have some similarities in the crime that was allegedly 433 00:27:05,440 --> 00:27:09,680 Speaker 5: committed against him, just that within hours of him arriving. 434 00:27:09,400 --> 00:27:13,359 Speaker 1: Back to Chicago for the same wording, the same slurs, 435 00:27:13,600 --> 00:27:16,560 Speaker 1: awful slurs. If this is true, it is a hate crime. 436 00:27:17,560 --> 00:27:22,000 Speaker 1: I'm learning also Daryl Cohen, Atlanta criminal defense attorney, former 437 00:27:22,040 --> 00:27:27,560 Speaker 1: prosecutor in felony court that he Smolette did not call police. 438 00:27:27,880 --> 00:27:30,679 Speaker 1: It was a close associate about forty minutes after the attack, 439 00:27:30,720 --> 00:27:32,919 Speaker 1: according to the New York Times, and I think that 440 00:27:33,080 --> 00:27:36,359 Speaker 1: was his manager. He did not call police. And when 441 00:27:36,440 --> 00:27:39,240 Speaker 1: Cox got to his place, he still was wearing the 442 00:27:39,320 --> 00:27:40,160 Speaker 1: rope around his neck. 443 00:27:41,320 --> 00:27:44,919 Speaker 7: Helped me, well, I can help you, Nancy, because it 444 00:27:45,000 --> 00:27:48,160 Speaker 7: sounds to me like a setup. Did you also pay 445 00:27:48,200 --> 00:27:52,520 Speaker 7: attention to his voice. This is a guy that's reading 446 00:27:52,560 --> 00:27:55,639 Speaker 7: a script. This is not someone who's upset. This is 447 00:27:55,720 --> 00:27:59,359 Speaker 7: not someone who's been attacked. If you're attacked, you're not 448 00:27:59,440 --> 00:28:03,240 Speaker 7: going to be and gentle. Add that to the cocktail. 449 00:28:03,600 --> 00:28:05,919 Speaker 7: Add the fact that he's not giving his phone to 450 00:28:05,960 --> 00:28:10,680 Speaker 7: the police to the cocktail. Add the fact that all 451 00:28:10,720 --> 00:28:13,440 Speaker 7: he can do is say, oh my gosh, I was 452 00:28:13,480 --> 00:28:16,359 Speaker 7: attacked and this is terrible. But he has a noose 453 00:28:16,400 --> 00:28:20,800 Speaker 7: around his neck forty minutes later. Really, this is a 454 00:28:20,880 --> 00:28:27,000 Speaker 7: guy who was Look many times, Nancy, people equate stars 455 00:28:27,080 --> 00:28:31,119 Speaker 7: on television or on the big screen with intelligence. Sorry, 456 00:28:31,840 --> 00:28:35,320 Speaker 7: not the same. Some are, some are not. This guy 457 00:28:35,560 --> 00:28:39,080 Speaker 7: is reading a script. He saw a way to get even. 458 00:28:39,160 --> 00:28:41,640 Speaker 7: Perhaps he saw a way to make more money. Perhaps, 459 00:28:41,920 --> 00:28:44,560 Speaker 7: But what he didn't see is that he's not as 460 00:28:44,600 --> 00:28:48,120 Speaker 7: bright as he believes himself to be. So he's not shakesap. 461 00:28:48,160 --> 00:28:52,320 Speaker 1: Take a listen to CBS Chicago reporter Charlie DeMar brothers 462 00:28:52,320 --> 00:28:56,720 Speaker 1: Ola and abel Osendaro, captured on Streeterville surveillance cameras, told 463 00:28:56,720 --> 00:28:57,680 Speaker 1: detectives their. 464 00:28:57,600 --> 00:29:00,560 Speaker 12: Role in the reported January twenty ninth to ten on 465 00:29:00,720 --> 00:29:05,040 Speaker 12: actor Jesse Smollette, according to multiple sources. Those sources say 466 00:29:05,080 --> 00:29:08,640 Speaker 12: Smolett pay the brothers thousands to carry out a staged attack. 467 00:29:09,000 --> 00:29:12,640 Speaker 12: Somolette had this to say about the scuffle with his attackers. 468 00:29:12,880 --> 00:29:14,360 Speaker 3: He said, this. 469 00:29:14,320 --> 00:29:16,920 Speaker 4: Maga country punches me right in the face. 470 00:29:17,520 --> 00:29:18,760 Speaker 3: I've punster ass back. 471 00:29:19,400 --> 00:29:22,360 Speaker 4: I noticed the rope around my neck and I started screaming. 472 00:29:22,560 --> 00:29:25,640 Speaker 1: People that make false claims to police, much less to 473 00:29:25,720 --> 00:29:31,680 Speaker 1: this extent usually land behind bars. If they're regular mortals 474 00:29:31,760 --> 00:29:34,719 Speaker 1: like all of us. If your Hollywood star, maybe you 475 00:29:34,760 --> 00:29:39,840 Speaker 1: get different treatment. Jesse Smollette, superstar on the cast of Empire, 476 00:29:40,440 --> 00:29:45,560 Speaker 1: to Ellenclaurencrimeline dot com, investigative reporter where we have all 477 00:29:46,040 --> 00:29:48,560 Speaker 1: breaking crime and justice news. Ellen, what can you tell 478 00:29:48,600 --> 00:29:51,840 Speaker 1: me about these two guys. Everyone refers to them as Nigerian. 479 00:29:52,160 --> 00:29:54,360 Speaker 1: They're American. That's right, Nancy. 480 00:29:54,720 --> 00:29:57,600 Speaker 5: They were bored and raised in Chicago. The reason I 481 00:29:57,680 --> 00:30:00,840 Speaker 5: believe that people are calling them that you're this because they, 482 00:30:01,040 --> 00:30:03,560 Speaker 5: for reasons that have not been explained and I do 483 00:30:03,680 --> 00:30:07,720 Speaker 5: not understand, apparently flew to Nigeria the day after the 484 00:30:07,800 --> 00:30:11,440 Speaker 5: attack and came back to Chicago last week where they 485 00:30:11,480 --> 00:30:14,600 Speaker 5: were met with investigators at the airport. That has not 486 00:30:14,680 --> 00:30:17,880 Speaker 5: been explained why that happened or if it had anything 487 00:30:17,920 --> 00:30:22,880 Speaker 5: to do at all with the alleged assaults. And I 488 00:30:22,920 --> 00:30:25,640 Speaker 5: also wanted to point something else out since we're talking 489 00:30:25,680 --> 00:30:26,080 Speaker 5: about the. 490 00:30:26,120 --> 00:30:27,719 Speaker 6: Rope and the phone. 491 00:30:29,440 --> 00:30:30,920 Speaker 5: A lot of the things that have come up in 492 00:30:30,960 --> 00:30:34,600 Speaker 5: recent days really don't look look good like they look 493 00:30:34,760 --> 00:30:38,600 Speaker 5: very suspicious, and things are starting to really maybe fall 494 00:30:38,640 --> 00:30:41,080 Speaker 5: apart here in this story. But a couple of things 495 00:30:41,200 --> 00:30:44,320 Speaker 5: I think are not suspicious that happened here. I don't 496 00:30:44,320 --> 00:30:47,320 Speaker 5: think it's suspicious that he did not want to hand 497 00:30:47,360 --> 00:30:51,320 Speaker 5: over his entire phone immediately. He's a public figure, he's 498 00:30:51,320 --> 00:30:52,000 Speaker 5: a celebrity. 499 00:30:52,000 --> 00:30:53,920 Speaker 9: You who had allen received. 500 00:30:54,000 --> 00:30:57,000 Speaker 1: Before allan, have you ever been attacked at two am, 501 00:30:57,080 --> 00:30:59,920 Speaker 1: had a rope tied around your neck and bleach port on? 502 00:31:01,000 --> 00:31:02,600 Speaker 1: Because if you have, I'd like to have you know 503 00:31:02,680 --> 00:31:05,040 Speaker 1: about that, okay, because if that happens to you and 504 00:31:05,080 --> 00:31:07,600 Speaker 1: your life is in danger, and cops say we need 505 00:31:07,640 --> 00:31:11,640 Speaker 1: your phone, you go here whatever I mean, when the 506 00:31:11,680 --> 00:31:15,360 Speaker 1: cop pulls me over, which has happened, I like say, 507 00:31:15,480 --> 00:31:19,720 Speaker 1: whatever here, take it all, okay, just please leave my 508 00:31:19,800 --> 00:31:24,840 Speaker 1: children behind whatever. I don't want a problem with a cop. Okay. 509 00:31:25,200 --> 00:31:28,360 Speaker 1: Nobody should be above the law. And if they want 510 00:31:28,400 --> 00:31:31,680 Speaker 1: your phone, give your phone. But you know what, that's 511 00:31:31,760 --> 00:31:37,800 Speaker 1: you and this is me, so go ahead with your analysis, okay. 512 00:31:37,320 --> 00:31:39,200 Speaker 5: But what I wanted to also say is that I 513 00:31:39,200 --> 00:31:41,680 Speaker 5: believe he did agree a hand over the full on 514 00:31:41,760 --> 00:31:45,280 Speaker 5: record about the rope. What we heard in the in 515 00:31:45,360 --> 00:31:48,040 Speaker 5: the beginning of this narrative was that he kept the 516 00:31:48,200 --> 00:31:50,800 Speaker 5: rope around his neck because he didn't want to sort 517 00:31:50,800 --> 00:31:55,800 Speaker 5: of disturb the scene and he wanted the responding officers 518 00:31:55,840 --> 00:31:58,920 Speaker 5: to see what had been done. That was the explanation 519 00:31:59,280 --> 00:32:00,840 Speaker 5: for the rope of you left. 520 00:32:01,640 --> 00:32:05,000 Speaker 1: You know what, I hear you, And he could have 521 00:32:05,280 --> 00:32:10,200 Speaker 1: claimed that he did not want his DNA his I 522 00:32:10,200 --> 00:32:12,480 Speaker 1: don't think you get prints off rope, but any of 523 00:32:12,520 --> 00:32:15,520 Speaker 1: his fibers or DNA on the rope or to ruin 524 00:32:15,600 --> 00:32:18,800 Speaker 1: any evidence on the rope, So I can understand that. 525 00:32:18,880 --> 00:32:25,240 Speaker 1: Now it's my understanding that he did hand over phone records, 526 00:32:25,280 --> 00:32:34,080 Speaker 1: but that they were heavily redacted crime stories with Nancy 527 00:32:34,120 --> 00:32:43,400 Speaker 1: Grace X his on fire one user says, yikes, someone 528 00:32:43,440 --> 00:32:47,440 Speaker 1: giving Jesse Smilette a platform after all the let me 529 00:32:47,480 --> 00:32:52,240 Speaker 1: just say crap he pulled is a little scary. Another says, 530 00:32:52,600 --> 00:32:55,120 Speaker 1: I thought he was in jail, Well, you're right, that's 531 00:32:55,160 --> 00:32:59,440 Speaker 1: where he should be. Another says on X, why is 532 00:32:59,520 --> 00:33:04,320 Speaker 1: Jesse Smilllette not in jail. Another I say, Jesse Smollette 533 00:33:04,360 --> 00:33:07,520 Speaker 1: still trying to reinvent himself, like we forgot he staged 534 00:33:07,560 --> 00:33:12,440 Speaker 1: a fake hate crime to become famous. Another says this 535 00:33:12,600 --> 00:33:20,400 Speaker 1: is bleak. Another says the return of Juicy Smollett. Is 536 00:33:20,440 --> 00:33:23,640 Speaker 1: he going to convince us he's a quote tough guy? 537 00:33:24,920 --> 00:33:31,560 Speaker 1: Jesse Smollette getting rewarded Special Forces The World's Toughest Test. 538 00:33:31,880 --> 00:33:35,000 Speaker 2: Nancy Smollette became the fourth celebrity to drop out of 539 00:33:35,040 --> 00:33:39,240 Speaker 2: season four of Special Forces World's Toughest Test. When his 540 00:33:39,400 --> 00:33:44,200 Speaker 2: co stars realized that Smollette had developed a nasty cough, 541 00:33:44,600 --> 00:33:47,160 Speaker 2: his co stars encouraged him to go to the medic 542 00:33:47,600 --> 00:33:51,520 Speaker 2: Special Forces doctor Andy Brown, the chief medical officer, listened 543 00:33:51,520 --> 00:33:55,160 Speaker 2: to Jesse's lungs and declared he had inflammation throughout his 544 00:33:55,360 --> 00:33:59,040 Speaker 2: chest and Jesse had to admit it hurt every time 545 00:33:59,080 --> 00:34:02,920 Speaker 2: he coughed. Doctor Andy determined that Smolette had developed an 546 00:34:03,000 --> 00:34:07,080 Speaker 2: allergy to something in the dust, medically withdrawing Smolett from 547 00:34:07,160 --> 00:34:10,600 Speaker 2: the show. In his confessional, Smollette said, quote, there have 548 00:34:10,719 --> 00:34:13,319 Speaker 2: been too many opportunities in my life to quit on 549 00:34:13,440 --> 00:34:16,600 Speaker 2: things on myself, and I don't quit easily. 550 00:34:17,120 --> 00:34:21,200 Speaker 1: Everybody joining in on X is right. Anither gets real 551 00:34:21,280 --> 00:34:24,320 Speaker 1: and says Jesse Smolette is such a gross and unnecessary 552 00:34:24,360 --> 00:34:28,920 Speaker 1: casting choice. Why is everyone up in arms? This is why? 553 00:34:29,040 --> 00:34:33,640 Speaker 1: According to TMZ our friend Harvey Levin, the phone records 554 00:34:34,080 --> 00:34:39,280 Speaker 1: were handed over and the cops rejected them. The cops 555 00:34:39,400 --> 00:34:42,720 Speaker 1: rejected them, Darryl Coen, are you sitting down? The cops 556 00:34:42,760 --> 00:34:49,239 Speaker 1: rejected them, saying that they were so heavily redacted that 557 00:34:49,320 --> 00:34:52,279 Speaker 1: they were basically of no use. What about handing over 558 00:34:52,280 --> 00:34:56,359 Speaker 1: your phone records to cop if and you redact them? 559 00:34:57,120 --> 00:34:59,840 Speaker 7: Oh, come on, Nancy, this is absurd. If you have 560 00:35:00,320 --> 00:35:03,040 Speaker 7: a victim of a crime, First of all, I want 561 00:35:03,080 --> 00:35:05,560 Speaker 7: to go back to the to the news. If I've 562 00:35:05,560 --> 00:35:07,640 Speaker 7: got a noose around my neck, oh my god, I'm 563 00:35:07,640 --> 00:35:10,000 Speaker 7: going to rip that off as quickly as I possibly can, 564 00:35:10,320 --> 00:35:13,840 Speaker 7: because I am freaked out. This guy was not hurt. 565 00:35:14,080 --> 00:35:17,919 Speaker 7: This guy was not attacked. He is looking for publicity. 566 00:35:18,280 --> 00:35:21,440 Speaker 7: He may have won an Emmy for Empire, but the 567 00:35:21,480 --> 00:35:24,320 Speaker 7: news outlets in Chicago are going to win a news 568 00:35:24,360 --> 00:35:28,319 Speaker 7: Emmy for their coverage of this guy who doesn't recognize 569 00:35:28,360 --> 00:35:31,919 Speaker 7: the truth from a lie. He is scripted, and he's 570 00:35:31,960 --> 00:35:36,400 Speaker 7: gotten himself into a problem. He's a walking living soap opera. 571 00:35:36,480 --> 00:35:38,800 Speaker 1: The whole reason they got interested in the phone records 572 00:35:38,800 --> 00:35:41,840 Speaker 1: to start with is that Smollette said to Comps he 573 00:35:41,960 --> 00:35:44,439 Speaker 1: was on the phone with his manager at the time 574 00:35:44,480 --> 00:35:47,920 Speaker 1: of the attack, and that the manager says he heard 575 00:35:48,680 --> 00:35:53,960 Speaker 1: the racial and homophobic slurs being thrown, and they want 576 00:35:54,000 --> 00:35:58,160 Speaker 1: to authenticate that that call was in fact made. They 577 00:35:58,280 --> 00:36:01,839 Speaker 1: as slalent for the records about two weeks before they 578 00:36:01,920 --> 00:36:06,719 Speaker 1: got a PDF file. Now, police also say their cameras 579 00:36:06,840 --> 00:36:09,760 Speaker 1: everywhere in the area, but there is a sixty second 580 00:36:09,840 --> 00:36:13,000 Speaker 1: gap in the video where you don't see the Empire Star, 581 00:36:13,880 --> 00:36:16,319 Speaker 1: so there's no video of the actual attack. I've looked 582 00:36:16,360 --> 00:36:19,680 Speaker 1: at shots of the video and you see two persons 583 00:36:19,680 --> 00:36:22,160 Speaker 1: of interest in surveillance footage. Now, this is what is 584 00:36:22,160 --> 00:36:25,440 Speaker 1: telling to me. Dr Bethany Marshall. These two guys that 585 00:36:25,480 --> 00:36:29,640 Speaker 1: everybody calls Nigerians, they're Americans, Let's be very clear on that. 586 00:36:30,040 --> 00:36:33,760 Speaker 1: Who take off to Nigeria the day after the attack. 587 00:36:34,120 --> 00:36:37,080 Speaker 1: They work out in his building. At least one of 588 00:36:37,120 --> 00:36:42,280 Speaker 1: them does in the gym in Spolett's building, his apartment building. 589 00:36:42,520 --> 00:36:44,520 Speaker 1: One of them has been an extra on the set. 590 00:36:44,719 --> 00:36:47,799 Speaker 1: They're totally buff. They look like their bodybuilders. I've seen 591 00:36:47,840 --> 00:36:50,320 Speaker 1: their photos and I never see them wearing a shirt. 592 00:36:50,560 --> 00:36:53,600 Speaker 1: I mean not judging, but they are totally buff. So 593 00:36:53,640 --> 00:36:56,080 Speaker 1: you can see they work out all the time. They 594 00:36:56,160 --> 00:36:59,000 Speaker 1: take off for Nigeria. The day after the attack, they 595 00:36:59,040 --> 00:37:03,120 Speaker 1: come back, the buy the cops. They are questioned, they 596 00:37:03,160 --> 00:37:08,120 Speaker 1: are released Dtor Bethany no charges, and after meeting with them, 597 00:37:08,680 --> 00:37:12,359 Speaker 1: cops say they want to reinterview Jesse Smollett. What does 598 00:37:12,400 --> 00:37:13,680 Speaker 1: that say to you, doctor Bethany. 599 00:37:14,160 --> 00:37:16,680 Speaker 6: Well, first of all, the trip to Nigeria, they're now 600 00:37:16,800 --> 00:37:19,720 Speaker 6: thirty five hundred dollars richer because they just got paid 601 00:37:19,719 --> 00:37:23,960 Speaker 6: for the attack, right, And some people do not think 602 00:37:24,000 --> 00:37:27,439 Speaker 6: ahead when they collude with somebody who's drawing them into 603 00:37:27,520 --> 00:37:29,840 Speaker 6: a crime. So they thought, I may have fought, no 604 00:37:29,920 --> 00:37:32,719 Speaker 6: big deal. We'll rough them up, we'll put a rope 605 00:37:32,719 --> 00:37:35,480 Speaker 6: around his neck, we'll take vacation, we'll come back. This 606 00:37:35,480 --> 00:37:38,080 Speaker 6: will have all blown over. But you know what, they 607 00:37:38,160 --> 00:37:40,920 Speaker 6: talk to the police, and as I was saying about malingering, 608 00:37:41,400 --> 00:37:44,400 Speaker 6: the whole story does not shake out. The timeline is 609 00:37:44,440 --> 00:37:47,000 Speaker 6: not consistent, and so the police are going to look 610 00:37:47,040 --> 00:37:52,080 Speaker 6: to Jesse. And I would wonder what is Jesse's reward 611 00:37:52,239 --> 00:37:55,040 Speaker 6: in all of this When people malinger symptoms. You know, 612 00:37:55,080 --> 00:37:57,840 Speaker 6: I was roughed up, I was a victim. They do 613 00:37:57,960 --> 00:38:01,440 Speaker 6: it for a reward. Is he trying to up his 614 00:38:02,400 --> 00:38:06,600 Speaker 6: Twitter following? Is he negotiating a contract right now and 615 00:38:06,640 --> 00:38:10,080 Speaker 6: he wants to prove to the EP of the show 616 00:38:10,160 --> 00:38:14,319 Speaker 6: that he is the center of a national news situation. 617 00:38:15,880 --> 00:38:19,640 Speaker 6: Is he wanting to take somebody else's role in empire? 618 00:38:19,920 --> 00:38:22,680 Speaker 6: You know, I think that there's a reward there somewhere, 619 00:38:23,040 --> 00:38:25,279 Speaker 6: And if you follow that trail, the whole thing begins. 620 00:38:25,320 --> 00:38:29,399 Speaker 1: Well, I've been looking in researching and following and asking questions. 621 00:38:29,880 --> 00:38:34,440 Speaker 1: According to CBS Chicago, who is there on the scene, 622 00:38:34,719 --> 00:38:37,680 Speaker 1: Cotts want to speak to Smollette again based on quote 623 00:38:37,760 --> 00:38:40,719 Speaker 1: new evidence they learn from the two friends the two 624 00:38:40,840 --> 00:38:47,399 Speaker 1: guys now, According to CBS, two sources told them that 625 00:38:47,560 --> 00:38:50,279 Speaker 1: Smolette pay the two guys thirty five hundred dollars to 626 00:38:50,360 --> 00:38:55,840 Speaker 1: stage the attack. This is CBS This Morning Anchor John Dickerson. 627 00:38:56,040 --> 00:38:58,200 Speaker 1: Take a listen to what they see on the video. 628 00:38:58,480 --> 00:39:01,120 Speaker 13: Please are looking for two potential persons of interest in 629 00:39:01,160 --> 00:39:05,439 Speaker 13: a possible hate crime against actor Jesse Smollett. Police say 630 00:39:05,640 --> 00:39:08,959 Speaker 13: a surveillance camera took these images of the two men 631 00:39:09,040 --> 00:39:11,919 Speaker 13: on the night Smollette says he was beaten. The star 632 00:39:12,000 --> 00:39:15,920 Speaker 13: of the TV drama Empire said his masked at attackers 633 00:39:16,040 --> 00:39:20,839 Speaker 13: yelled racist and homophobic slurs. Dean Reynolds is tracking the investigation. 634 00:39:21,040 --> 00:39:24,880 Speaker 14: The investigators are hoping the FBI can enhance those images 635 00:39:25,280 --> 00:39:28,600 Speaker 14: to provide some distinguishing details. Now the men are not 636 00:39:28,760 --> 00:39:32,359 Speaker 14: considered suspects, but the police do want to know who 637 00:39:32,440 --> 00:39:35,600 Speaker 14: they are and what they were doing when Smollett says 638 00:39:35,600 --> 00:39:36,440 Speaker 14: he was attacked. 639 00:39:36,640 --> 00:39:39,560 Speaker 15: Sources tell CBS News the two figures seen in these 640 00:39:39,640 --> 00:39:43,200 Speaker 15: dark surveillance images were also spotted sitting on a bench 641 00:39:43,400 --> 00:39:47,160 Speaker 15: when Jesse Smolette walked past them across the street. They 642 00:39:47,200 --> 00:39:49,400 Speaker 15: then appear to get up and follow him, although the 643 00:39:49,480 --> 00:39:52,840 Speaker 15: three of them are never seen on camera together. About 644 00:39:52,880 --> 00:39:57,600 Speaker 15: a minute later, investigators say another security camera captured Smolette 645 00:39:57,640 --> 00:40:01,160 Speaker 15: returning to his apartment with a news tied around his neck. 646 00:40:01,520 --> 00:40:04,520 Speaker 15: The rope was untied but still on his neck when 647 00:40:04,520 --> 00:40:08,400 Speaker 15: police arrived, forty five minutes after he says he was attacked. 648 00:40:08,840 --> 00:40:11,520 Speaker 1: The truth about Jesse Smollette. 649 00:40:11,719 --> 00:40:13,319 Speaker 3: I think I already know the. 650 00:40:13,280 --> 00:40:20,480 Speaker 1: Truth joining the infamous race hoaxer, stirring up racial animosity 651 00:40:21,120 --> 00:40:25,080 Speaker 1: like nobody else. Jesse Smlette set to star in a 652 00:40:25,200 --> 00:40:28,920 Speaker 1: reality show along with the Real Housewives of New Jersey 653 00:40:28,920 --> 00:40:33,600 Speaker 1: cast member Teresa Judice, whose own brush with the law 654 00:40:33,719 --> 00:40:39,160 Speaker 1: involved an eleven month prison sentence for fraud. Ooh, she's 655 00:40:39,200 --> 00:40:43,319 Speaker 1: going to compete along with her daughter Jia. 656 00:40:43,640 --> 00:40:43,879 Speaker 3: Oh. 657 00:40:44,040 --> 00:40:49,919 Speaker 1: Okay, I guess some Smollett's in good company. Other contestants 658 00:40:49,920 --> 00:40:55,560 Speaker 1: for season four include Kristin Cavalieri's ex boyfriend Mark Estes. 659 00:40:56,680 --> 00:40:59,040 Speaker 1: I may not know who all these contestants are, but 660 00:40:59,120 --> 00:41:03,680 Speaker 1: I know who Jesse's Melennias. As fans respond, quote, I 661 00:41:03,760 --> 00:41:07,480 Speaker 1: thought he was in jail. Well he should be. We 662 00:41:07,520 --> 00:41:13,280 Speaker 1: wait as justice unfolds. Goodbye, friend,