1 00:00:05,880 --> 00:00:07,640 Speaker 1: Crime stories with Nancy Greace. 2 00:00:14,280 --> 00:00:17,279 Speaker 2: It never ends with this guy. Here is a guy 3 00:00:17,520 --> 00:00:22,720 Speaker 2: with fame. He is a TV star money. He's making 4 00:00:23,160 --> 00:00:28,320 Speaker 2: millions of dollars tens of thousands of dollars per episode 5 00:00:28,800 --> 00:00:35,240 Speaker 2: on the hit TV program Empire. Many argue he's handsome, 6 00:00:36,320 --> 00:00:43,320 Speaker 2: well educated, loving family. But Jesse Smollette will not go away. 7 00:00:43,760 --> 00:00:46,720 Speaker 2: Don't tell me you don't remember Jesse Smollette. I will 8 00:00:46,960 --> 00:00:50,880 Speaker 2: never forget this guy. All that money, all that fame, 9 00:00:51,680 --> 00:00:57,000 Speaker 2: but he wants more. So he launches a fake, a 10 00:00:57,200 --> 00:01:03,240 Speaker 2: fake racist hate crime on himself, has two of his 11 00:01:03,640 --> 00:01:08,560 Speaker 2: friends conduct the fake hate crime, and now he's mad 12 00:01:09,040 --> 00:01:11,880 Speaker 2: that nobody believes him. As a matter of fact, he 13 00:01:12,120 --> 00:01:16,319 Speaker 2: was convicted in the last hour. A judge has to 14 00:01:16,360 --> 00:01:21,640 Speaker 2: step in. An Illinois court slaps down the Empire star 15 00:01:21,880 --> 00:01:27,200 Speaker 2: Jesse Smollette's appeal against his disorderly conduct conviction, meaning he 16 00:01:27,240 --> 00:01:31,000 Speaker 2: will have to spend wait for it, a whopping one 17 00:01:31,080 --> 00:01:39,120 Speaker 2: hundred and fifty days behind bars. Okay, who could forget 18 00:01:39,360 --> 00:01:45,039 Speaker 2: the time and money, the angst, the confusion, the pain, 19 00:01:45,200 --> 00:01:51,000 Speaker 2: the emotion caused by this TV star. Jesse Smollett's claim 20 00:01:51,880 --> 00:01:58,080 Speaker 2: that anti gay, racist hate crime was perpetrated on him, 21 00:01:58,200 --> 00:02:01,320 Speaker 2: and then it turns out he did it to himself. 22 00:02:02,400 --> 00:02:06,360 Speaker 2: Uh what to make more money from empire. He was 23 00:02:06,400 --> 00:02:09,360 Speaker 2: convicted on five counts disorderly conduct. He could have gotten 24 00:02:09,360 --> 00:02:11,359 Speaker 2: a lot worse. He was sent to one hundred and 25 00:02:11,400 --> 00:02:15,680 Speaker 2: fifty days in jail, thirty months on probation, one hundred 26 00:02:15,720 --> 00:02:20,480 Speaker 2: and twenty thousand dollars restitution to Chicago, and a twenty 27 00:02:20,520 --> 00:02:27,040 Speaker 2: five thousand dollars fine. Wait for it, Smolett only served 28 00:02:27,240 --> 00:02:33,800 Speaker 2: six days behind bars, flining and complaining and crying. He 29 00:02:33,880 --> 00:02:38,400 Speaker 2: was released when his lawyer filed an appeal. It's called 30 00:02:38,480 --> 00:02:42,320 Speaker 2: an appeal bond. I've never seen one granted in all 31 00:02:42,360 --> 00:02:45,360 Speaker 2: the cases I tried. That means after you're convicted, you 32 00:02:45,400 --> 00:02:48,919 Speaker 2: don't go to jail, you get out of jail, and 33 00:02:48,960 --> 00:02:53,160 Speaker 2: you wait for an appeals court to rule on your case. Seriously. 34 00:02:54,000 --> 00:02:56,800 Speaker 2: Well it happened and he got out. Well now he's 35 00:02:56,919 --> 00:03:02,080 Speaker 2: going back. But what was the case all about? I 36 00:03:02,120 --> 00:03:06,000 Speaker 2: want you to listen to this from the Today Show. 37 00:03:06,600 --> 00:03:08,760 Speaker 2: Not suicidal and our innicent. 38 00:03:09,080 --> 00:03:10,839 Speaker 3: I could have said that I was guilty. 39 00:03:10,560 --> 00:03:11,359 Speaker 4: A long time ago. 40 00:03:11,960 --> 00:03:14,920 Speaker 3: Even after a Cook County judge sentenced Jusse Smilett to 41 00:03:15,000 --> 00:03:18,120 Speaker 3: one hundred and fifty days in jail, the disgraced actor 42 00:03:18,200 --> 00:03:21,160 Speaker 3: turned convicted felon, sticking to his story. 43 00:03:21,440 --> 00:03:23,240 Speaker 4: If I did this, then it means that I sucked 44 00:03:23,280 --> 00:03:26,040 Speaker 4: my fist in the fears of blackhamers in the. 45 00:03:25,960 --> 00:03:28,800 Speaker 3: Spectry for over four hundred years. The former Empire Star's 46 00:03:28,880 --> 00:03:32,160 Speaker 3: unwavering claim of innocence ultimately his undoing. 47 00:03:32,400 --> 00:03:35,560 Speaker 5: You committed hour upon hour upon hour. 48 00:03:35,480 --> 00:03:37,000 Speaker 2: Of pure perjury. 49 00:03:37,400 --> 00:03:41,000 Speaker 3: Judge James Lynn, sentencing Smelet to thirty months felony probation, 50 00:03:41,240 --> 00:03:44,000 Speaker 3: including that jail time, ordering he paid more than one 51 00:03:44,080 --> 00:03:47,080 Speaker 3: hundred and twenty thousand dollars in restitution to the City 52 00:03:47,080 --> 00:03:51,800 Speaker 3: of Chicago and pay the maximum fine twenty five thousand dollars. 53 00:03:52,080 --> 00:03:56,320 Speaker 6: You've turned your life upside down fire misconduct in Shenanigan's. 54 00:03:57,040 --> 00:03:59,000 Speaker 5: You've destroyed your life as you knew it. 55 00:03:59,040 --> 00:04:02,400 Speaker 3: As a defiance, Malette was taken into custody, his family 56 00:04:02,560 --> 00:04:04,040 Speaker 3: blasting the judge's decision. 57 00:04:04,320 --> 00:04:06,480 Speaker 2: He's the reason why folks aren't gonna report hate crimes. 58 00:04:06,600 --> 00:04:09,920 Speaker 2: They're the reason why folks aren't going to report hate crimes. Okay, 59 00:04:10,640 --> 00:04:14,880 Speaker 2: you heard Jesse Smilett going down swinging, lying through his 60 00:04:15,000 --> 00:04:18,400 Speaker 2: teeth till the end. When you hear that reporter going 61 00:04:18,440 --> 00:04:24,719 Speaker 2: on and on about thirty months felony probation, probation, that 62 00:04:24,800 --> 00:04:28,039 Speaker 2: means you're not in jail. This guy, after all he 63 00:04:28,560 --> 00:04:33,799 Speaker 2: put everyone through, after the disservice he did to real 64 00:04:34,080 --> 00:04:38,520 Speaker 2: crime victims, he's gonna do about five days behind bars. 65 00:04:40,120 --> 00:04:42,800 Speaker 2: He got says to one hundred and fifty days, and 66 00:04:42,880 --> 00:04:47,360 Speaker 2: now he's done about five days. I meansy Grace, this 67 00:04:47,480 --> 00:04:49,960 Speaker 2: is Crime Stories. Thank you for being with us, with 68 00:04:50,080 --> 00:04:53,599 Speaker 2: me an all star panel. Matthew Mangino, former District Attorney 69 00:04:53,680 --> 00:04:59,039 Speaker 2: Lawrence County, former Parole Board member, author Executioners Told Doctor 70 00:04:59,120 --> 00:05:03,320 Speaker 2: Sherry Schwartz for and Sic psychologists specializing in capital crimes. 71 00:05:03,560 --> 00:05:08,080 Speaker 2: Author of Criminal Behavior and Where Law and Psychology Intersect. 72 00:05:08,480 --> 00:05:11,440 Speaker 2: Paul Zite, former police commander. Oh, I can't wait to 73 00:05:11,440 --> 00:05:14,160 Speaker 2: hear what he's going to say, author of Stop Him 74 00:05:14,200 --> 00:05:18,039 Speaker 2: From Killing Them on Amazon Kindle. But first to Alexis 75 00:05:18,080 --> 00:05:22,360 Speaker 2: to Restaurant Crime Online dot Com investigative reporter Alexis, you know, 76 00:05:23,160 --> 00:05:26,400 Speaker 2: the whole thing goes all the way back to his 77 00:05:26,600 --> 00:05:32,040 Speaker 2: ridiculous claims of a hate crime perpetrated upon him, because 78 00:05:32,080 --> 00:05:35,400 Speaker 2: he I guess his main thing was that he was 79 00:05:35,480 --> 00:05:38,960 Speaker 2: gay or because he was black. It was a mixture. 80 00:05:39,560 --> 00:05:43,520 Speaker 2: When he went out for a three a m subway run. 81 00:05:46,000 --> 00:05:48,919 Speaker 2: How in the hey has Smolette gotten out after just 82 00:05:48,960 --> 00:05:49,559 Speaker 2: a few days. 83 00:05:49,680 --> 00:05:54,160 Speaker 7: So the judge spent almost an hour telling him all 84 00:05:54,200 --> 00:05:56,760 Speaker 7: of the reasons why he was putting him behind bars. 85 00:05:56,960 --> 00:05:59,839 Speaker 7: The reason was he was found guilty of five telling 86 00:06:00,080 --> 00:06:03,240 Speaker 7: count of this orarly conduct for lying to police about 87 00:06:03,320 --> 00:06:05,680 Speaker 7: the take crime. He says that he was attacked at 88 00:06:05,720 --> 00:06:08,440 Speaker 7: two o'clock in the morning in Chicago in the dead 89 00:06:08,480 --> 00:06:12,760 Speaker 7: of winter, absolutely sub freezing weather. Two men, he claimed, 90 00:06:12,800 --> 00:06:16,320 Speaker 7: wearing red hats that said make America Great Again, MAGA hats. 91 00:06:16,320 --> 00:06:19,120 Speaker 7: He blamed us on Trump. Said they attacked him and 92 00:06:19,160 --> 00:06:21,280 Speaker 7: said this is Trump Country and beat him up and 93 00:06:21,320 --> 00:06:24,080 Speaker 7: tried to hang him by putting a newsover ah. The 94 00:06:24,240 --> 00:06:28,000 Speaker 7: jury said this was a big, fat lie and found 95 00:06:28,080 --> 00:06:31,880 Speaker 7: him guilty of lying. So the judge sentences him to jail. 96 00:06:32,360 --> 00:06:35,120 Speaker 7: He appeals, well, he first asked the judge, can I 97 00:06:35,160 --> 00:06:37,240 Speaker 7: have an appeal? The judge says no, You're going right 98 00:06:37,279 --> 00:06:37,719 Speaker 7: to jail. 99 00:06:38,080 --> 00:06:38,799 Speaker 2: Goes to jail. 100 00:06:39,160 --> 00:06:42,640 Speaker 7: His lawyers file acclaim with the appellate court and say 101 00:06:43,160 --> 00:06:46,960 Speaker 7: he has been sentenced to only five months in jail, 102 00:06:47,240 --> 00:06:50,239 Speaker 7: only five months. We want to appeal this. We're going 103 00:06:50,360 --> 00:06:54,280 Speaker 7: to drag this appeal out longer than five months. So 104 00:06:54,560 --> 00:06:57,039 Speaker 7: if you keep our client in for the whole five 105 00:06:57,040 --> 00:06:59,679 Speaker 7: months and then when it's done, the appeal court overturns 106 00:06:59,680 --> 00:07:02,599 Speaker 7: a condition, she will have unnecessarily served this time. 107 00:07:03,040 --> 00:07:08,960 Speaker 2: I don't care. Jesse Smollett hate crime faker walks out 108 00:07:09,000 --> 00:07:13,280 Speaker 2: of jail after release serving less than a week of 109 00:07:13,480 --> 00:07:18,200 Speaker 2: just one hundred and fifty days. Hey, does everybody remember 110 00:07:18,400 --> 00:07:23,160 Speaker 2: when Paris Hilton went to jail and she was going 111 00:07:23,240 --> 00:07:25,240 Speaker 2: to do what she got, like a six month sentence 112 00:07:25,320 --> 00:07:30,000 Speaker 2: something like that she did three weeks maybe because the 113 00:07:30,160 --> 00:07:33,760 Speaker 2: jail was over a crowded. Was that Nicole Ritchie one 114 00:07:33,800 --> 00:07:37,960 Speaker 2: of them and it was high drama. And the bottom 115 00:07:38,000 --> 00:07:40,000 Speaker 2: line is when you have a sentence like one hundred 116 00:07:40,000 --> 00:07:43,840 Speaker 2: and fifty days, you're going to get out really quickly anyway. 117 00:07:44,800 --> 00:07:48,960 Speaker 2: But to petition the court to get out early after 118 00:07:49,080 --> 00:07:51,920 Speaker 2: what has gone down, take a listen to our twenty 119 00:07:52,000 --> 00:07:58,080 Speaker 2: nine Our friend Patrick ELDWOODWGN. 120 00:07:57,320 --> 00:08:00,960 Speaker 4: Almost three years after he reported being attacked amid homophobic 121 00:08:01,000 --> 00:08:04,960 Speaker 4: and racial slurs. After Jesse Smolette took the stand in 122 00:08:05,040 --> 00:08:09,480 Speaker 4: his own defense. While being questioned by his attorney, Smolette 123 00:08:09,480 --> 00:08:12,480 Speaker 4: described the early morning incident, saying he had gone out 124 00:08:12,520 --> 00:08:15,320 Speaker 4: to Walgreens to buy eggs, but it was closed, so 125 00:08:15,360 --> 00:08:18,600 Speaker 4: he opted for a subway sandwich store instead. On his 126 00:08:18,640 --> 00:08:21,320 Speaker 4: way home, Smolette says he crossed paths with two men 127 00:08:21,360 --> 00:08:24,480 Speaker 4: wearing ski masks, with one of them yelling racial and 128 00:08:24,520 --> 00:08:28,360 Speaker 4: homophobic slurs and saying he was in Maga country while 129 00:08:28,400 --> 00:08:32,320 Speaker 4: recognizing him as an actor on the TV show Empire. 130 00:08:32,960 --> 00:08:35,880 Speaker 4: Smollette says he threw a punch in his defense but 131 00:08:36,120 --> 00:08:39,079 Speaker 4: doesn't know if it landed. He fell to the ground 132 00:08:39,160 --> 00:08:42,840 Speaker 4: and was kicked. He testified that after the attack he 133 00:08:42,920 --> 00:08:45,120 Speaker 4: didn't even know there was a noose around his neck 134 00:08:45,240 --> 00:08:49,360 Speaker 4: because quote, I was getting my ass whooped unquote. 135 00:08:49,679 --> 00:08:52,640 Speaker 2: But yet there were no injuries. He had a time 136 00:08:52,679 --> 00:08:55,320 Speaker 2: little cut, and I don't know how many pictures he 137 00:08:55,360 --> 00:08:57,439 Speaker 2: took of it. Now take a listen to our cut 138 00:08:57,640 --> 00:09:01,040 Speaker 2: thirty three our friend Charlie Demarcy, Chicago. 139 00:09:01,760 --> 00:09:04,160 Speaker 6: The actor also told the jury that he would do 140 00:09:04,240 --> 00:09:07,880 Speaker 6: drugs with abel Osindaro and the two had a physical relationship. 141 00:09:08,200 --> 00:09:11,400 Speaker 6: He said during a bath house encounter, there was some touching. 142 00:09:11,720 --> 00:09:13,160 Speaker 6: Abel denies those claims. 143 00:09:13,480 --> 00:09:15,040 Speaker 2: Well, I'm ready to do what I gotta do. 144 00:09:15,480 --> 00:09:17,839 Speaker 6: It's likely that the case will hinge on whether the 145 00:09:17,960 --> 00:09:21,840 Speaker 6: jury believes Smolet or brothers Abel and ola Osindaro, who 146 00:09:21,920 --> 00:09:24,280 Speaker 6: testified Smollett paid them to fake the attack. 147 00:09:24,960 --> 00:09:30,000 Speaker 2: Right, let me understand something, Alexis Tereschut. The payment was 148 00:09:30,080 --> 00:09:34,640 Speaker 2: tracked down, wasn't it a check? The payment was tracked down, 149 00:09:34,880 --> 00:09:37,440 Speaker 2: And he tried to tell the jury that these two 150 00:09:37,480 --> 00:09:39,880 Speaker 2: guys that he did drugs with, that he went to 151 00:09:40,000 --> 00:09:44,000 Speaker 2: a bath house with, that he allegedly had rheumatic attachment 152 00:09:44,080 --> 00:09:47,760 Speaker 2: with sex with, they're the ones that attacked him and 153 00:09:47,880 --> 00:09:50,440 Speaker 2: there attacked him, and they're the ones he couldn't identify. 154 00:09:50,520 --> 00:09:52,560 Speaker 2: No wonder the jury didn't believe him exactly. 155 00:09:52,600 --> 00:09:55,680 Speaker 7: These are guys that he's been friends with for years, 156 00:09:55,720 --> 00:09:57,800 Speaker 7: and in fact they were known to people on the 157 00:09:57,800 --> 00:10:02,000 Speaker 7: set of Empire. They are personal trained. But he wrote 158 00:10:02,040 --> 00:10:06,520 Speaker 7: them a check, an absolute paper trail, undeniable paper trail, 159 00:10:06,800 --> 00:10:09,120 Speaker 7: even though he says it was for something else made 160 00:10:09,320 --> 00:10:12,000 Speaker 7: maybe drugs or maybe anything else. He can't really remember. 161 00:10:12,120 --> 00:10:15,280 Speaker 7: And also he doesn't care because these two he doesn't 162 00:10:15,280 --> 00:10:16,760 Speaker 7: even know if they were the ones that attacked him, 163 00:10:16,800 --> 00:10:18,079 Speaker 7: even though they were caught on. 164 00:10:18,280 --> 00:10:33,560 Speaker 1: Video crime stories with Nancy Grace. 165 00:10:35,280 --> 00:10:38,840 Speaker 2: Oh yes, in the last hours in Illinois, court slaps 166 00:10:38,920 --> 00:10:44,640 Speaker 2: down Jesse Smoilett the TV stars appeal against his misdemeanor 167 00:10:44,920 --> 00:10:51,000 Speaker 2: disorderly conduct convictions, meaning boo hoo, he'll have to spend 168 00:10:51,040 --> 00:10:56,600 Speaker 2: one hundred and fifty days behind bars. I think you 169 00:10:56,600 --> 00:10:59,000 Speaker 2: should spend at least that much just for the irritation 170 00:10:59,120 --> 00:11:04,560 Speaker 2: he's cost me. For beat's sake, the way this thing unfolded. Remember, 171 00:11:05,080 --> 00:11:06,959 Speaker 2: I think we need a shrink, and we need one 172 00:11:07,040 --> 00:11:14,160 Speaker 2: pretty quickly. Hate crime faker Empire star Jesse Smolette straight 173 00:11:14,200 --> 00:11:18,600 Speaker 2: out to doctor Sherry Schwartz. Forensic psychologists joining us, this 174 00:11:18,679 --> 00:11:19,640 Speaker 2: guy needs a shrink. 175 00:11:19,920 --> 00:11:24,160 Speaker 8: Well, that does seem to be the consensus, at least 176 00:11:24,200 --> 00:11:29,920 Speaker 8: in the psychological community, Nancy. Anybody who fakes something like 177 00:11:29,960 --> 00:11:34,559 Speaker 8: this an illness a crime where they fakes injury, typically 178 00:11:34,640 --> 00:11:37,880 Speaker 8: what we start to look at is something called factitious disorder. 179 00:11:39,559 --> 00:11:42,880 Speaker 8: If you think about Munchausen's by proxy, when that's done 180 00:11:42,960 --> 00:11:45,760 Speaker 8: to other people to get sympathy for yourself, this is 181 00:11:45,840 --> 00:11:48,559 Speaker 8: kind of where you do it to yourself to get 182 00:11:48,600 --> 00:11:52,520 Speaker 8: sympathy for yourself. But in this case he might also have, 183 00:11:53,800 --> 00:11:57,320 Speaker 8: you know, not so much a mental health disorder like 184 00:11:57,440 --> 00:12:00,480 Speaker 8: that where he's almost sympathetic. But this this might have 185 00:12:00,640 --> 00:12:04,080 Speaker 8: been for personal gain in terms of promoting some movie 186 00:12:04,160 --> 00:12:07,160 Speaker 8: project that he was working on to get publicity. 187 00:12:07,400 --> 00:12:10,920 Speaker 2: Oh he got publicity, doctor Sherry Schwartz didn't. Alexis Terrest, Chuck. 188 00:12:11,120 --> 00:12:13,320 Speaker 2: But who's ever going to hire him ever? 189 00:12:13,600 --> 00:12:14,280 Speaker 9: That's the thing. 190 00:12:14,440 --> 00:12:17,600 Speaker 7: This is his career is absolutely over. Empire was a 191 00:12:17,760 --> 00:12:19,960 Speaker 7: huge chanceay with his career. 192 00:12:20,360 --> 00:12:24,679 Speaker 2: What about Lady Justice? Okay, back to you, Alexis Terrest, Chuck. 193 00:12:24,920 --> 00:12:28,680 Speaker 2: I know you're in Hollywood, and that's your mindset. My 194 00:12:28,920 --> 00:12:34,559 Speaker 2: mindset is about how hard I thought to prove convictions, 195 00:12:34,840 --> 00:12:38,960 Speaker 2: to prove cases, put a jury through hen double l 196 00:12:39,520 --> 00:12:43,240 Speaker 2: missing work, away from your children, away from your home. 197 00:12:43,280 --> 00:12:45,840 Speaker 2: You know, nothing drives me crazier than have to be 198 00:12:46,080 --> 00:12:49,560 Speaker 2: away from the twins and there in court all day long. 199 00:12:49,640 --> 00:12:51,880 Speaker 2: Listen to this guy whined about how bad he's got 200 00:12:51,920 --> 00:12:53,960 Speaker 2: How much is he getting paid an episode? 201 00:12:54,000 --> 00:12:57,960 Speaker 7: Alexis two hundred thousand dollars an episode? An episode? 202 00:12:58,200 --> 00:13:02,679 Speaker 2: Did you hear that? Did you hear that? Fining carrying on? 203 00:13:02,880 --> 00:13:05,600 Speaker 2: And he's been behind bars what's five times twenty four? 204 00:13:06,000 --> 00:13:10,600 Speaker 2: Is that one hundred and twenty something. He hasn't even 205 00:13:10,640 --> 00:13:15,200 Speaker 2: been behind bars two hundred hours and he's out. 206 00:13:15,559 --> 00:13:19,360 Speaker 7: He has he has walked three The appellate court has 207 00:13:19,400 --> 00:13:22,160 Speaker 7: three judges. It was not a unanimous decision. It was 208 00:13:22,200 --> 00:13:25,440 Speaker 7: two to one majority rules. And he walked out of 209 00:13:25,480 --> 00:13:31,319 Speaker 7: court at eight pm Chicago time in a whole Hollywood production. Again. 210 00:13:31,559 --> 00:13:35,040 Speaker 7: You know, Jesse has five bodyguards, he has family members, 211 00:13:35,040 --> 00:13:38,760 Speaker 7: he has defense attorneys, the biggest entourage you've ever seen 212 00:13:38,800 --> 00:13:41,520 Speaker 7: outside of the TV show Entourage. It's like everything is 213 00:13:41,520 --> 00:13:42,960 Speaker 7: a Hollywood production for him. 214 00:13:43,600 --> 00:13:45,520 Speaker 2: Guys, take listen to our cut thirty two our friends 215 00:13:45,559 --> 00:13:46,800 Speaker 2: from WG. 216 00:13:46,480 --> 00:13:51,679 Speaker 4: And small Let testified he resisted calling Chicago police because quote, 217 00:13:51,920 --> 00:13:54,400 Speaker 4: I am a black man in America. I do not 218 00:13:54,559 --> 00:13:59,120 Speaker 4: trust the police un quote, but later he said responding 219 00:13:59,160 --> 00:14:03,240 Speaker 4: officers treated him very well. He testified as a gay 220 00:14:03,320 --> 00:14:06,760 Speaker 4: black man, he felt the incident would emasculate him and 221 00:14:06,840 --> 00:14:10,520 Speaker 4: hurt his chances for certain types of future acting roles. 222 00:14:10,920 --> 00:14:14,439 Speaker 4: Earlier in the days, Smollett testified he met the Osandairo 223 00:14:14,559 --> 00:14:17,080 Speaker 4: brothers through his job on Empire, and that he went 224 00:14:17,120 --> 00:14:19,760 Speaker 4: to a Chicago bathhouse with one of them where they 225 00:14:19,800 --> 00:14:23,400 Speaker 4: did drugs and made out. Prosecutors say he recruited the 226 00:14:23,440 --> 00:14:26,840 Speaker 4: brothers to stage the attack as way to pump up 227 00:14:27,000 --> 00:14:27,680 Speaker 4: his career. 228 00:14:27,800 --> 00:14:32,680 Speaker 2: Who knows, because reportedly the motive for the original race 229 00:14:32,920 --> 00:14:38,400 Speaker 2: attack staging was to drum up here about himself so 230 00:14:38,520 --> 00:14:42,200 Speaker 2: he would make more money for his role in Empire. 231 00:14:44,040 --> 00:14:48,480 Speaker 2: You know, all the hours the man hours police put 232 00:14:48,640 --> 00:14:54,960 Speaker 2: into solving the so called anti gay attack on Smolette 233 00:14:55,840 --> 00:14:59,800 Speaker 2: and last but not least, basically framing the two Osandero 234 00:15:00,080 --> 00:15:04,680 Speaker 2: others to take the fall for a fake attack. Let's 235 00:15:04,680 --> 00:15:07,800 Speaker 2: take another look at the facts. Matthew Manngino, former District 236 00:15:07,840 --> 00:15:13,120 Speaker 2: Attorney Lawrence County, former Parole Board member, author executioners told, 237 00:15:13,320 --> 00:15:14,200 Speaker 2: go ahead. 238 00:15:14,000 --> 00:15:18,480 Speaker 5: This is a class for felony. In most cases in Illinois, 239 00:15:18,560 --> 00:15:23,200 Speaker 5: this this would be flat probation, no jail time. You know, 240 00:15:23,320 --> 00:15:28,440 Speaker 5: because he's a Hollywood name, you know, should we treat 241 00:15:28,520 --> 00:15:31,880 Speaker 5: him more harshly than we would typically other people who 242 00:15:32,120 --> 00:15:33,920 Speaker 5: file false reports with the police. 243 00:15:34,000 --> 00:15:37,080 Speaker 2: Okay, wait, who can you name me one person that 244 00:15:37,120 --> 00:15:41,560 Speaker 2: followed a false report with police in your jurisdiction that 245 00:15:41,760 --> 00:15:45,520 Speaker 2: took it to a jury trial and claimed he was 246 00:15:45,560 --> 00:15:49,200 Speaker 2: the victim of a racial and homophobic hate crime. 247 00:15:49,600 --> 00:15:53,600 Speaker 5: Name one, Well, I'm sure there have been one. 248 00:15:54,160 --> 00:15:57,440 Speaker 2: Don't tell me, Yeah they haven't. Who did something like this? 249 00:15:57,720 --> 00:16:00,640 Speaker 5: Well, I don't know really of anybody who who faked 250 00:16:00,720 --> 00:16:02,560 Speaker 5: their own assault. 251 00:16:02,360 --> 00:16:03,440 Speaker 2: Their own hate crime. 252 00:16:03,480 --> 00:16:06,440 Speaker 5: Wouldn't do that their own hate crime because they don't 253 00:16:06,440 --> 00:16:07,600 Speaker 5: have anything to gain from it. 254 00:16:07,960 --> 00:16:15,320 Speaker 2: The worst conjuring Matthew Mangino is the news, the news 255 00:16:15,520 --> 00:16:19,560 Speaker 2: for a black male, sure to have a news put 256 00:16:19,600 --> 00:16:22,360 Speaker 2: around on his neck, and then we find out, isn't 257 00:16:22,360 --> 00:16:24,800 Speaker 2: this right Alexis restaurant? And feel free to correct me 258 00:16:24,840 --> 00:16:27,520 Speaker 2: if I'm wrong. I'd rather know the truth. Didn't it 259 00:16:27,560 --> 00:16:30,480 Speaker 2: come out that he took the news off and then 260 00:16:30,560 --> 00:16:33,440 Speaker 2: put it back on so the cops could get it 261 00:16:33,480 --> 00:16:35,880 Speaker 2: and their body can footage when they came back. He 262 00:16:36,040 --> 00:16:39,720 Speaker 2: is screwing around with one of the vilest and most 263 00:16:39,800 --> 00:16:44,480 Speaker 2: hated symbols in our country. What happened to so many 264 00:16:44,920 --> 00:16:51,760 Speaker 2: black males? Awful awful history? And he conjures that up 265 00:16:52,520 --> 00:16:55,760 Speaker 2: like an evil magician and puts it on and takes 266 00:16:55,800 --> 00:17:00,520 Speaker 2: it off for effect. Yes, hell, yeah, that's thee ought 267 00:17:00,520 --> 00:17:03,000 Speaker 2: to be in jail. Isn't that what happened? Isn't that 268 00:17:03,040 --> 00:17:04,160 Speaker 2: what happened. 269 00:17:03,920 --> 00:17:08,480 Speaker 7: Alexis trescu it is, And in fact, he said that 270 00:17:08,560 --> 00:17:11,960 Speaker 7: these random attackers put this news on him. The brothers 271 00:17:12,080 --> 00:17:15,840 Speaker 7: were on video at a store buying the rope. They 272 00:17:15,880 --> 00:17:19,800 Speaker 7: didn't do this of their own, This wasn't their idea. 273 00:17:20,000 --> 00:17:22,399 Speaker 7: They did this because he told them what to buy, 274 00:17:22,720 --> 00:17:24,920 Speaker 7: because this would have made the crime more selection. 275 00:17:25,119 --> 00:17:29,919 Speaker 2: And Matthew Mangino, I mean a renowned lawyer and author, 276 00:17:30,080 --> 00:17:34,240 Speaker 2: former district attorney now private lawyer. Matthew Me and Geno, 277 00:17:34,359 --> 00:17:36,360 Speaker 2: you're telling me that, hey, this happens all the time. 278 00:17:36,400 --> 00:17:39,280 Speaker 2: They don't go to jail. Bs, This does not happen 279 00:17:39,359 --> 00:17:43,560 Speaker 2: all the time to prey on the fears of people 280 00:17:43,640 --> 00:17:48,359 Speaker 2: all across the country, to pray on hatred and injustice 281 00:17:49,000 --> 00:17:52,080 Speaker 2: and use it for a pr boost to get a 282 00:17:52,160 --> 00:17:55,840 Speaker 2: raise in your salary. Oh no, no, he needs to 283 00:17:55,880 --> 00:17:57,159 Speaker 2: be in jail, Ma, Geno. 284 00:17:57,600 --> 00:18:00,680 Speaker 5: Well, again, you know we're mad at him, were angry 285 00:18:00,760 --> 00:18:03,879 Speaker 5: at him, But again, is he is he? Is he 286 00:18:03,960 --> 00:18:06,159 Speaker 5: a threat to the society? 287 00:18:06,320 --> 00:18:06,520 Speaker 2: Is he? 288 00:18:06,880 --> 00:18:09,159 Speaker 5: Is he a person who we should be afraid of, 289 00:18:09,200 --> 00:18:12,120 Speaker 5: who's going to be turned loose on the streets. I mean, 290 00:18:12,600 --> 00:18:15,560 Speaker 5: you know, if he wasn't a celebrity, we would have 291 00:18:15,640 --> 00:18:18,560 Speaker 5: heard nothing about this case. You know, the fact that 292 00:18:18,600 --> 00:18:21,200 Speaker 5: he's a celebrity, the fact that he doesn't matter. 293 00:18:21,880 --> 00:18:24,160 Speaker 2: It doesn't matter. That's the whole. If a tree falls 294 00:18:24,160 --> 00:18:27,239 Speaker 2: of the forest, does anybody hear it? Yeah, it can 295 00:18:27,359 --> 00:18:31,159 Speaker 2: be heard, even if you're not there. It still makes 296 00:18:31,200 --> 00:18:34,160 Speaker 2: a sound. Whether he's a celebrity or not. He did 297 00:18:34,200 --> 00:18:34,920 Speaker 2: this thing. 298 00:18:35,040 --> 00:18:39,679 Speaker 5: Right, And people in similar situations who are convicted of 299 00:18:39,760 --> 00:18:44,080 Speaker 5: class four felonies in Illinois don't go to jail. 300 00:18:44,560 --> 00:18:47,600 Speaker 2: But you haven't been able to name another similar situation. 301 00:18:47,800 --> 00:18:51,080 Speaker 5: Have you another actor who's done something like this? 302 00:18:51,240 --> 00:18:51,320 Speaker 1: Now? 303 00:18:51,720 --> 00:18:52,280 Speaker 10: I don't know if. 304 00:18:52,200 --> 00:18:56,680 Speaker 2: Anyone, anyone, anyone that's done something like this. Prayed on 305 00:18:56,880 --> 00:19:02,960 Speaker 2: prejudices and hate and a horrible, hateful history of targeting 306 00:19:03,040 --> 00:19:09,440 Speaker 2: people and the worst conjuring of all the news. I mean, 307 00:19:09,760 --> 00:19:13,320 Speaker 2: it goes on and on and on. I want to 308 00:19:13,359 --> 00:19:18,280 Speaker 2: go to Paul Zeike, former police commander, author of Stop 309 00:19:18,359 --> 00:19:23,359 Speaker 2: Him From Killing Them on Amazon Kindle, Paul Zeike, what 310 00:19:23,400 --> 00:19:23,960 Speaker 2: do you think? 311 00:19:24,160 --> 00:19:24,400 Speaker 11: Well? 312 00:19:24,680 --> 00:19:29,399 Speaker 10: I think you had two dozen detectives that engaged in 313 00:19:29,520 --> 00:19:36,160 Speaker 10: three thousand hours plus of investigation to bring an offender 314 00:19:36,640 --> 00:19:41,320 Speaker 10: to justice that did not exist. And the fact that 315 00:19:41,880 --> 00:19:46,640 Speaker 10: the officers were chasing. Essentially, a ghost is something they're 316 00:19:46,680 --> 00:19:51,200 Speaker 10: not equipped really, and you could go two careers without 317 00:19:51,560 --> 00:19:56,520 Speaker 10: finding this exact situation where a a top flight actor 318 00:19:56,640 --> 00:20:00,560 Speaker 10: or any sort of high profile individual, or anyvictim so 319 00:20:00,640 --> 00:20:04,080 Speaker 10: to speak, would make up an entire story and have 320 00:20:04,200 --> 00:20:06,760 Speaker 10: props and have all these other things to make you 321 00:20:06,880 --> 00:20:12,320 Speaker 10: believe that these terrible things had happened. Furthermore, it also 322 00:20:12,400 --> 00:20:15,159 Speaker 10: opens the door for an arrest to be made of 323 00:20:15,160 --> 00:20:16,600 Speaker 10: the wrong people or. 324 00:20:16,600 --> 00:20:20,040 Speaker 11: People that never were involved. You know, we're so worried 325 00:20:20,040 --> 00:20:23,080 Speaker 11: about people being in prison. Who have you know, twenty 326 00:20:23,240 --> 00:20:27,760 Speaker 11: thirty years ago didn't do what they were accused of doing. 327 00:20:28,119 --> 00:20:33,239 Speaker 11: This exact setup, this exact paradigm, could have created a 328 00:20:33,320 --> 00:20:37,600 Speaker 11: situation where if they believed him and not these other individuals, 329 00:20:37,840 --> 00:20:41,000 Speaker 11: the people that he hired to commit these crimes, they 330 00:20:41,000 --> 00:20:44,000 Speaker 11: could be in prison for the next twenty years. And 331 00:20:44,320 --> 00:20:45,560 Speaker 11: who's looking at that? 332 00:20:47,440 --> 00:20:53,280 Speaker 2: Jesse Smollett is finally headed to jail, I think anyway? 333 00:20:54,359 --> 00:21:00,919 Speaker 2: For what staging a fake hate crime on himself to 334 00:21:01,000 --> 00:21:05,600 Speaker 2: make more money in a very misled and misdirected pr 335 00:21:06,160 --> 00:21:11,160 Speaker 2: campaign he launched himself the Empire Star files the appeal 336 00:21:11,320 --> 00:21:17,159 Speaker 2: in an investigation where Chicago cops conclude Smolette hired the 337 00:21:17,240 --> 00:21:20,720 Speaker 2: two Osendaro brothers to carry out the crime. He was 338 00:21:20,760 --> 00:21:24,640 Speaker 2: sentenced to wait for it one hundred and fifty days 339 00:21:24,640 --> 00:21:28,280 Speaker 2: in jail last year, but because of all of his 340 00:21:28,520 --> 00:21:34,040 Speaker 2: moaning and groaning and crying and snotting, he actually got 341 00:21:34,080 --> 00:21:38,679 Speaker 2: out on an appeal bond to walk free until his 342 00:21:38,800 --> 00:21:42,800 Speaker 2: case is decided. Is there a chance this guy could 343 00:21:42,840 --> 00:21:48,320 Speaker 2: somehow swing a new trial? You know, Paul Syke as 344 00:21:49,080 --> 00:21:51,240 Speaker 2: go ahead, I'll circle back to sch go ahead. 345 00:21:51,240 --> 00:21:54,000 Speaker 5: Yeah, okay, real quick, this this is my advantage, you know. 346 00:21:54,480 --> 00:21:57,760 Speaker 5: And again you know, I understand that the time that 347 00:21:57,880 --> 00:22:00,879 Speaker 5: was put into this case, but you had five police 348 00:22:00,920 --> 00:22:05,640 Speaker 5: officers investigating a false report to the police, there were 349 00:22:05,720 --> 00:22:07,200 Speaker 5: eight hundred homicides. 350 00:22:07,400 --> 00:22:09,800 Speaker 2: Oh wait a minute, Wait a minute. You had all 351 00:22:09,840 --> 00:22:14,560 Speaker 2: these cops investigating what they believed to be a hate 352 00:22:14,600 --> 00:22:19,280 Speaker 2: crime and a possible attempt to murder even by putting 353 00:22:19,280 --> 00:22:24,199 Speaker 2: your moose around his neck on a celebrity because he's black, 354 00:22:24,320 --> 00:22:27,760 Speaker 2: because he's gay. That's what they were investigating. And an 355 00:22:27,880 --> 00:22:32,520 Speaker 2: old roads led back to Jesse Smollett. Right, they found 356 00:22:32,520 --> 00:22:34,080 Speaker 2: the purple a right, it was Smollett. 357 00:22:34,240 --> 00:22:37,520 Speaker 5: Yeah, let's put it in perspective eight hundred homicides in 358 00:22:37,600 --> 00:22:41,639 Speaker 5: Chicago and you got twenty five police officers investigating this. 359 00:22:41,119 --> 00:22:45,040 Speaker 2: This No, you are not turning this back around on 360 00:22:45,080 --> 00:22:49,920 Speaker 2: the cops. They think that the movement are out there. Wait, 361 00:22:50,040 --> 00:22:52,760 Speaker 2: alexis Terreshak. At some point did he say that the 362 00:22:52,760 --> 00:22:54,000 Speaker 2: purpse threw bleach on him? 363 00:22:54,080 --> 00:22:54,440 Speaker 5: He did? 364 00:22:54,800 --> 00:22:58,600 Speaker 2: Oh, dear Lord in Heaven. I mean, come on, Zike, 365 00:22:59,000 --> 00:23:02,760 Speaker 2: help me out here. You're Mangino. If you believe that 366 00:23:02,840 --> 00:23:06,679 Speaker 2: there are purps out there that are throwing bleach on 367 00:23:06,760 --> 00:23:12,160 Speaker 2: a victim, on beating them, wrapping a noose around their neck, 368 00:23:12,359 --> 00:23:16,800 Speaker 2: taunting them, yeah, you're gonna look for the purpse. And 369 00:23:16,840 --> 00:23:20,160 Speaker 2: then the fact that the victims of celebrity making this 370 00:23:20,320 --> 00:23:24,840 Speaker 2: crime high profile, giving your city a black eye. Yes, 371 00:23:25,040 --> 00:23:28,000 Speaker 2: the cops are all over a potential hate crime. Because 372 00:23:28,040 --> 00:23:31,600 Speaker 2: hate doesn't die, that purp will do it again and 373 00:23:31,640 --> 00:23:35,879 Speaker 2: again and release his hate in another way, the purp 374 00:23:35,960 --> 00:23:38,760 Speaker 2: had to be stopped. And you've got Mangino trying to 375 00:23:38,760 --> 00:23:41,359 Speaker 2: turn this around on a cop. So there's that question. 376 00:23:41,520 --> 00:23:43,360 Speaker 2: But this is what I was going to ask you earlier. 377 00:23:45,040 --> 00:23:48,480 Speaker 2: It makes me think, what's it all for? Why did 378 00:23:48,560 --> 00:23:54,879 Speaker 2: I beat my brains out, trying to put bad guys 379 00:23:54,920 --> 00:23:59,399 Speaker 2: behind bars, every day, working till three and four in 380 00:23:59,400 --> 00:24:04,439 Speaker 2: the morning some times for this for the part to 381 00:24:04,560 --> 00:24:08,560 Speaker 2: be let out. How do you think the Ousindara brothers feel. 382 00:24:09,240 --> 00:24:13,280 Speaker 2: How do you think that gurrs feel, the cops who 383 00:24:13,400 --> 00:24:17,800 Speaker 2: stand by and see all that work, all that effort 384 00:24:18,920 --> 00:24:20,840 Speaker 2: for what? What about Zike? 385 00:24:21,119 --> 00:24:24,760 Speaker 10: Well, here's the thing we talked about those twenty four officers, 386 00:24:25,080 --> 00:24:27,560 Speaker 10: and you can imagine the emotions they're going through there. 387 00:24:28,440 --> 00:24:29,960 Speaker 2: I bet they feel defeated. 388 00:24:30,240 --> 00:24:33,800 Speaker 10: Defeated absolutely, they put all that in for nothing. Any 389 00:24:33,800 --> 00:24:36,720 Speaker 10: good cop that's worth their weight, and there's a lot 390 00:24:36,760 --> 00:24:38,960 Speaker 10: of them in this country, by the way, take that 391 00:24:39,040 --> 00:24:43,960 Speaker 10: as a personal insult that somebody in their city could 392 00:24:44,080 --> 00:24:46,879 Speaker 10: possibly be the victim of a hate crime and have 393 00:24:47,000 --> 00:24:50,680 Speaker 10: all these heinous things done to them. Their position is 394 00:24:50,720 --> 00:24:53,520 Speaker 10: going to be, I'm not going home, I'm not going 395 00:24:53,640 --> 00:24:56,640 Speaker 10: to bed until I find the people that did this 396 00:24:56,800 --> 00:24:59,679 Speaker 10: and bring them to justice, not on my watch, and 397 00:24:59,800 --> 00:25:02,560 Speaker 10: have all that be turned around and be an absolute 398 00:25:02,920 --> 00:25:08,640 Speaker 10: farce and just sham of the criminal justice system. Those officers, 399 00:25:08,880 --> 00:25:11,680 Speaker 10: I guarantee you are defeated. How they may even need 400 00:25:11,800 --> 00:25:12,840 Speaker 10: counseling at the end of that. 401 00:25:13,080 --> 00:25:16,400 Speaker 2: I mean, when you work that hard. I mean, Alexis Teschut. 402 00:25:17,000 --> 00:25:19,159 Speaker 2: You have been around me when I've been working on 403 00:25:19,200 --> 00:25:22,159 Speaker 2: a case. I live it, I breathe it, I ate it, 404 00:25:22,280 --> 00:25:24,960 Speaker 2: I drink it. That's what I think about until it's solved, 405 00:25:25,480 --> 00:25:30,480 Speaker 2: and that can take days, weeks, months, sometimes longer. And 406 00:25:30,520 --> 00:25:34,600 Speaker 2: when you finally crack a case, it finally goes to 407 00:25:34,720 --> 00:25:39,280 Speaker 2: trial and then this, I mean, I agree with Zych. 408 00:25:39,520 --> 00:25:43,600 Speaker 2: It's just such a defeat for everyone that worked the case. 409 00:25:44,280 --> 00:25:47,160 Speaker 7: And you know, the police officers, they in the very 410 00:25:47,200 --> 00:25:52,400 Speaker 7: beginning believed him. They believe Smalllett. They actually were stopping 411 00:25:53,880 --> 00:25:57,040 Speaker 7: so many people because he had given a description as attackers, 412 00:25:57,080 --> 00:26:01,159 Speaker 7: so they were questioning everybody in town. They were going 413 00:26:01,240 --> 00:26:04,040 Speaker 7: to find the perpetrators. Little did they know they were 414 00:26:04,080 --> 00:26:05,800 Speaker 7: his two friends that he was hanging out with all 415 00:26:05,840 --> 00:26:08,040 Speaker 7: the time, and he paid to do this. But they 416 00:26:08,119 --> 00:26:11,120 Speaker 7: were very serious about trying to find the suspect. 417 00:26:11,400 --> 00:26:15,679 Speaker 2: Don't you know that prosecutor is besides himself. Take a 418 00:26:15,680 --> 00:26:16,440 Speaker 2: listen to our cut. 419 00:26:16,640 --> 00:26:21,280 Speaker 12: The four this jury worked so hard and for mister 420 00:26:21,320 --> 00:26:24,680 Speaker 12: Smallllett to get up in front of them and lie 421 00:26:24,800 --> 00:26:31,120 Speaker 12: for hours and hours and hours, that really compounded his misconduct, 422 00:26:31,520 --> 00:26:35,720 Speaker 12: and quite frankly, when I saw that happen in the courtroom, 423 00:26:36,640 --> 00:26:39,200 Speaker 12: at least for me as a trial lawyer that spent 424 00:26:39,280 --> 00:26:42,919 Speaker 12: my life in the courtroom, we don't expect defendants to 425 00:26:42,960 --> 00:26:45,000 Speaker 12: do that. Defendants have a right to go to trial. 426 00:26:45,320 --> 00:26:47,479 Speaker 12: Defendants have a right to argue that their case has 427 00:26:47,520 --> 00:26:50,560 Speaker 12: not been proven beyond a reasonable doubt. But defendants do 428 00:26:50,680 --> 00:26:52,760 Speaker 12: not have the right to go in front of a 429 00:26:52,840 --> 00:26:56,159 Speaker 12: jury and lie under oath. Mister Smallett would not have 430 00:26:56,240 --> 00:26:59,400 Speaker 12: lost this case as he did today unless the jury 431 00:26:59,400 --> 00:27:02,199 Speaker 12: found that he led to them, And so that was 432 00:27:02,400 --> 00:27:05,560 Speaker 12: something that I was very proud that this jury came 433 00:27:05,600 --> 00:27:08,879 Speaker 12: to the conclusion that he's guilty, and the fact that 434 00:27:08,920 --> 00:27:12,879 Speaker 12: he came up with a completely ridiculous story to explain 435 00:27:12,880 --> 00:27:15,760 Speaker 12: his misconduct did not apparently have an impact on the 436 00:27:15,840 --> 00:27:16,480 Speaker 12: jury's verdict. 437 00:27:16,800 --> 00:27:20,760 Speaker 2: Take a listen now to ourka the four A Alpha. 438 00:27:20,960 --> 00:27:23,399 Speaker 12: There are two things that I think stuck with the jury. 439 00:27:24,040 --> 00:27:27,280 Speaker 12: Number one, I think my basic argument that it is 440 00:27:27,440 --> 00:27:31,560 Speaker 12: ridiculous to think that Smolette left his apartment on the 441 00:27:31,640 --> 00:27:34,119 Speaker 12: night of January twenty ninth at two o'clock in the 442 00:27:34,160 --> 00:27:37,080 Speaker 12: morning to go buy eggs and that that's his explanation 443 00:27:37,440 --> 00:27:40,280 Speaker 12: for why he ended up right at that intersection, right 444 00:27:40,280 --> 00:27:42,760 Speaker 12: at two o'clock in the morning that the brother said 445 00:27:42,960 --> 00:27:45,359 Speaker 12: is where he told them the attacks should take place. 446 00:27:45,600 --> 00:27:48,119 Speaker 12: So the fact that it actually happened that way, I 447 00:27:48,160 --> 00:27:51,800 Speaker 12: think was pretty profound. I also think that sometimes it's 448 00:27:51,800 --> 00:27:57,160 Speaker 12: simple things. He actually rigged that rope after that rope 449 00:27:57,160 --> 00:27:57,920 Speaker 12: got put on him. 450 00:27:58,320 --> 00:28:01,000 Speaker 2: I showed the picture to the jury. Pictures don't lie. 451 00:28:01,359 --> 00:28:05,920 Speaker 12: Those pictures showed that he actually, after he went through 452 00:28:05,960 --> 00:28:08,879 Speaker 12: this fake attack, wanted to make it look better, and 453 00:28:08,920 --> 00:28:11,360 Speaker 12: he jimmied with the rope to make the noose look 454 00:28:11,400 --> 00:28:14,359 Speaker 12: closer to his throat and rustled around because the rope 455 00:28:14,400 --> 00:28:16,600 Speaker 12: you saw in the courtroom was nice and neat around 456 00:28:16,600 --> 00:28:19,879 Speaker 12: his neck. Because old Austin Daryl didn't have time to 457 00:28:19,920 --> 00:28:22,280 Speaker 12: do much with it because a car came and so 458 00:28:22,440 --> 00:28:25,440 Speaker 12: he ran away. He left the rope next to his face. 459 00:28:25,480 --> 00:28:28,280 Speaker 12: Small lud got up put it around his neck, and 460 00:28:28,320 --> 00:28:31,119 Speaker 12: then when it didn't look bad enough, he changed it, 461 00:28:31,160 --> 00:28:31,680 Speaker 12: and I think. 462 00:28:31,640 --> 00:28:32,639 Speaker 5: That impacted the jury. 463 00:28:33,440 --> 00:28:36,280 Speaker 2: I like this terrest check. Is it true that Smolette 464 00:28:36,320 --> 00:28:40,840 Speaker 2: refused to eat? It sounds like a child refusing to eat, 465 00:28:40,960 --> 00:28:44,400 Speaker 2: having a little tantrum. He wouldn't eat behind bars, and 466 00:28:44,440 --> 00:28:47,960 Speaker 2: for Pete's sint, it's the local jail. Anybody ever seen 467 00:28:48,000 --> 00:28:50,760 Speaker 2: Andy and Mayberry? For Pete's sake, when Otis would let 468 00:28:50,800 --> 00:28:53,960 Speaker 2: himself in and out, it's not like he's in the pen. 469 00:28:54,400 --> 00:28:57,600 Speaker 2: He's not in Alcatraz, he's not in mac security. In 470 00:28:57,640 --> 00:28:59,880 Speaker 2: the hole. For Pete's sake, he wouldn't eat. 471 00:29:00,280 --> 00:29:04,480 Speaker 7: So he claimed that he had given up food for lent, 472 00:29:05,320 --> 00:29:08,520 Speaker 7: so he was fasting for the entire duration of lent, 473 00:29:08,640 --> 00:29:12,840 Speaker 7: the forty days of lent. So he said that he 474 00:29:12,880 --> 00:29:17,040 Speaker 7: gave up foods six days before he actually was sentenced 475 00:29:17,040 --> 00:29:19,120 Speaker 7: to jail. So he I guess at this point is 476 00:29:19,160 --> 00:29:21,720 Speaker 7: now not even for eleven days that it was a 477 00:29:21,760 --> 00:29:22,600 Speaker 7: religious thing. 478 00:29:22,720 --> 00:29:25,960 Speaker 2: So he was going to starve for forty days. He 479 00:29:26,120 --> 00:29:28,560 Speaker 2: was not going to eat for forty days, the forty 480 00:29:28,640 --> 00:29:32,880 Speaker 2: days preceding Easter. Do I understand you? Yes, Okay, that's 481 00:29:32,920 --> 00:29:35,480 Speaker 2: a lie. There's no way Jesse Smillette was not going 482 00:29:35,560 --> 00:29:39,040 Speaker 2: to eat for forty days. That's just that's just not true. 483 00:29:39,240 --> 00:29:42,920 Speaker 2: But fine, another lie by Jesse Smilette. And now he's 484 00:29:43,040 --> 00:29:46,320 Speaker 2: dragging Easter into it. Did you hear that? 485 00:29:46,360 --> 00:29:46,520 Speaker 9: Man? 486 00:29:46,600 --> 00:29:48,560 Speaker 2: Gino he's dragging Easter in. 487 00:29:48,760 --> 00:29:50,800 Speaker 5: Well, the only person I know as fast as for 488 00:29:50,800 --> 00:29:52,200 Speaker 5: forty days was Jesus. 489 00:29:52,600 --> 00:29:55,920 Speaker 2: And just do not do not start on him. Don't 490 00:29:56,080 --> 00:29:58,600 Speaker 2: do not. I don't even want to hear him dragged 491 00:29:58,640 --> 00:30:02,680 Speaker 2: into this conversation for Peat's sake. But I do agree 492 00:30:02,800 --> 00:30:05,040 Speaker 2: that you're right. That's the only person I've ever known 493 00:30:05,560 --> 00:30:10,480 Speaker 2: to starve himself for forty days and forty nights. And 494 00:30:10,600 --> 00:30:15,240 Speaker 2: although he was greatly tempted, he didn't give in small 495 00:30:15,280 --> 00:30:19,680 Speaker 2: atte However, it's still lying through his teeth. So alexis 496 00:30:19,720 --> 00:30:24,920 Speaker 2: terrest schuck. He had nothing but water behind bars, correct 497 00:30:25,320 --> 00:30:28,160 Speaker 2: the mean streets of the Cook County Local Jail. 498 00:30:28,280 --> 00:30:30,120 Speaker 7: Right, it is, But the Cook County Jail is not 499 00:30:30,360 --> 00:30:34,920 Speaker 7: a cush jail. It isn't notoriously bad jail. You know 500 00:30:35,160 --> 00:30:36,600 Speaker 7: what do you think jail is? 501 00:30:36,680 --> 00:30:39,640 Speaker 2: Alexis terrestruck. Where are you joining me from Rodeo drive 502 00:30:39,800 --> 00:30:40,320 Speaker 2: this morning? 503 00:30:40,600 --> 00:30:43,200 Speaker 7: No, I'm not on Rodeo drive, but I am in 504 00:30:43,240 --> 00:30:45,120 Speaker 7: Los Angeles. 505 00:30:45,160 --> 00:30:47,080 Speaker 13: But jail is jail. 506 00:30:47,120 --> 00:30:49,480 Speaker 7: But the Cook County jail it is bad as well. 507 00:30:49,680 --> 00:30:50,800 Speaker 7: It's not a nice one. 508 00:30:50,960 --> 00:30:53,240 Speaker 2: Well, it's jail. What do you wanted to be a spot? 509 00:30:53,440 --> 00:30:57,320 Speaker 7: Well, I also think that he was getting fairly special treatment. 510 00:30:57,640 --> 00:30:59,240 Speaker 7: But they said that they well. 511 00:30:59,320 --> 00:31:03,000 Speaker 2: You're right about that. Didn't he get moved from one 512 00:31:03,080 --> 00:31:06,080 Speaker 2: place to the next so he could be what did 513 00:31:06,080 --> 00:31:08,120 Speaker 2: he get to the medical ward so he could have 514 00:31:08,600 --> 00:31:11,640 Speaker 2: a different surrounding he was in You know what? Take 515 00:31:11,680 --> 00:31:14,320 Speaker 2: a listen to hour cut see this is Leah Hope 516 00:31:14,440 --> 00:31:15,360 Speaker 2: ABC seven. 517 00:31:15,560 --> 00:31:18,160 Speaker 9: Four days into the one hundred and fifty day sentence, 518 00:31:18,360 --> 00:31:21,840 Speaker 9: Jesse Smollett remains in protective custody at the Cook County Jail, 519 00:31:22,240 --> 00:31:25,320 Speaker 9: and his family remained steadfast in their support of the 520 00:31:25,360 --> 00:31:28,600 Speaker 9: former TV star who was convicted for lying to police 521 00:31:28,880 --> 00:31:30,720 Speaker 9: about a hate crime hoax. 522 00:31:31,240 --> 00:31:32,760 Speaker 2: He's very strong, He's very focused. 523 00:31:32,760 --> 00:31:35,960 Speaker 9: He Smalllett's youngest brother visited him yesterday at the jail, 524 00:31:36,120 --> 00:31:38,920 Speaker 9: where Smollett is in a cell by himself and being 525 00:31:38,960 --> 00:31:53,120 Speaker 9: monitored in the medical way. 526 00:31:55,040 --> 00:32:00,480 Speaker 2: Crime Stories with Nancy Grace. Welcome Matt, Guys, remember Molette. 527 00:32:00,480 --> 00:32:03,640 Speaker 2: To Chicago police, he was attacked on a dark street 528 00:32:03,760 --> 00:32:08,800 Speaker 2: by two masked strangers that put a noose around his 529 00:32:09,040 --> 00:32:14,960 Speaker 2: neck signifying a lynching of a black male, pouring chemicals 530 00:32:15,040 --> 00:32:20,520 Speaker 2: on him while yelling racist, homophobic slurs. They somehow even 531 00:32:20,600 --> 00:32:25,120 Speaker 2: managed to work in support for Donald Trump. Well, that's 532 00:32:25,200 --> 00:32:29,280 Speaker 2: quite the kinky dink. The brothers, who actually testified in 533 00:32:29,360 --> 00:32:33,120 Speaker 2: court told the jury Smullett hired them to fake the 534 00:32:33,200 --> 00:32:38,160 Speaker 2: attack only because he wanted more money and to bolster 535 00:32:38,800 --> 00:32:44,840 Speaker 2: boost his celebrity profile. Smollett later said that in the 536 00:32:44,920 --> 00:32:49,040 Speaker 2: days before the fake race attack, he and the brothers 537 00:32:49,080 --> 00:32:52,520 Speaker 2: were together, but not to rehearse the attack. They were 538 00:32:52,520 --> 00:32:57,479 Speaker 2: actually just getting high on pot. Matthew Manngino, former District 539 00:32:57,520 --> 00:33:03,640 Speaker 2: Attorney Lawrence County role board member author executioners, told Matthew 540 00:33:04,120 --> 00:33:09,120 Speaker 2: the medical wing is a cushy area. You're not in 541 00:33:09,200 --> 00:33:12,720 Speaker 2: general population. There are very few inmates in there. There 542 00:33:12,880 --> 00:33:17,160 Speaker 2: nurses walking around, they're they're measuring your hydration and your 543 00:33:17,240 --> 00:33:21,600 Speaker 2: pulse and all that. Why was he in the medical wing? 544 00:33:21,880 --> 00:33:25,000 Speaker 5: Well, you're right that the medical wing is like a 545 00:33:25,080 --> 00:33:29,880 Speaker 5: hospital within a correctional facility. Uh, you know, maybe it's 546 00:33:29,880 --> 00:33:32,880 Speaker 5: because he was starving himself. I don't know. You know 547 00:33:32,920 --> 00:33:36,000 Speaker 5: that that's curious that he would be in the medical 548 00:33:36,000 --> 00:33:41,600 Speaker 5: wing other than his absurd fasting. But again, should he 549 00:33:41,680 --> 00:33:44,120 Speaker 5: even be in jail is the question. 550 00:33:44,320 --> 00:33:47,480 Speaker 2: I believe that the jury decided that, and you're still 551 00:33:47,520 --> 00:33:48,320 Speaker 2: talking about it. 552 00:33:48,400 --> 00:33:51,440 Speaker 5: The jury decided he was guilty. The judge decided that 553 00:33:51,520 --> 00:33:55,440 Speaker 5: he had to go to jail. And again, if you're 554 00:33:55,440 --> 00:33:59,760 Speaker 5: going to look at similar class four felonies in Illinois, 555 00:34:00,360 --> 00:34:01,840 Speaker 5: they don't involve jail. 556 00:34:01,960 --> 00:34:07,719 Speaker 2: Again again, Matthew Mangino, you keep talking about similar crist 557 00:34:07,840 --> 00:34:12,480 Speaker 2: but yet you have been unable to name one crime 558 00:34:12,840 --> 00:34:18,480 Speaker 2: that you can specify that is similar to this crime. 559 00:34:19,080 --> 00:34:26,280 Speaker 2: The breadth of his hopes on Lady Justice is beyond 560 00:34:26,719 --> 00:34:32,160 Speaker 2: compare and still lying through his tea as he SIPs 561 00:34:32,200 --> 00:34:36,160 Speaker 2: ice water. Take a listen to our cut e from Fox. 562 00:34:36,640 --> 00:34:39,200 Speaker 13: Jesse's Molett going free, at least for now while he 563 00:34:39,280 --> 00:34:41,120 Speaker 13: tries to get his sentence overturned. 564 00:34:41,600 --> 00:34:43,080 Speaker 2: The appeals court ordered. 565 00:34:42,880 --> 00:34:46,840 Speaker 13: Jesse's released during the appeals process. He will first have 566 00:34:46,920 --> 00:34:48,720 Speaker 13: to post a bond of one hundred and fifty thousand 567 00:34:48,760 --> 00:34:51,520 Speaker 13: dollars before he's let out of Coke County Jail, although 568 00:34:51,520 --> 00:34:54,840 Speaker 13: it's unclear when exactly he'll be able to walk free. 569 00:34:55,239 --> 00:34:59,400 Speaker 13: Jesse started serving his five months last Thursday, and immediately 570 00:34:59,440 --> 00:35:02,560 Speaker 13: after the judge sentenced him, he started shouting that he 571 00:35:02,680 --> 00:35:05,080 Speaker 13: was innocent and raising his fists in the air. As 572 00:35:05,120 --> 00:35:08,720 Speaker 13: he was taken out of the court in handcuffs tense 573 00:35:08,800 --> 00:35:12,480 Speaker 13: moments inside of the courtroom. In this video, his defense 574 00:35:12,560 --> 00:35:15,760 Speaker 13: team and his family members never stopped asking for his release, 575 00:35:15,800 --> 00:35:19,520 Speaker 13: claiming that Jesse was in physical harm well behind bars. 576 00:35:20,040 --> 00:35:24,320 Speaker 13: They cited racist and homophobic threats that they had received, 577 00:35:24,360 --> 00:35:28,360 Speaker 13: and also said Jesse was highly susceptible to contracting COVID 578 00:35:28,480 --> 00:35:30,640 Speaker 13: nineteen while in jails. 579 00:35:31,440 --> 00:35:38,919 Speaker 2: Really racist and homophobic threats. Again, that second verse same 580 00:35:39,000 --> 00:35:42,240 Speaker 2: as the first, alexis terress check. That's what he claimed 581 00:35:42,280 --> 00:35:44,600 Speaker 2: the first time. For all I know is Smolette from 582 00:35:44,640 --> 00:35:49,439 Speaker 2: the Cook County payphone calling his family. I mean, they're 583 00:35:49,480 --> 00:35:53,000 Speaker 2: tuning up with that again. I mean, if these threats 584 00:35:53,080 --> 00:35:56,000 Speaker 2: were real, it would be different. But they've already been 585 00:35:56,040 --> 00:35:59,120 Speaker 2: proved to be a lie, which doesn't injustice to every 586 00:35:59,160 --> 00:36:02,720 Speaker 2: hate crime victim out there that has been targeted because 587 00:36:02,760 --> 00:36:05,799 Speaker 2: they're black, because they're gay, because they're Asian, because they're 588 00:36:05,800 --> 00:36:09,520 Speaker 2: a woman, because they're bill on the blank, hate hate 589 00:36:09,760 --> 00:36:14,319 Speaker 2: because of who you are, and they're they're praying on 590 00:36:14,480 --> 00:36:15,520 Speaker 2: that again. 591 00:36:16,200 --> 00:36:20,560 Speaker 7: You know, prinaters that are incarcerated complain all the time 592 00:36:20,719 --> 00:36:23,680 Speaker 7: about how they have so little access to the outside world. 593 00:36:23,719 --> 00:36:25,560 Speaker 7: It's very extensive to make a phone call. 594 00:36:25,719 --> 00:36:29,360 Speaker 2: Calls are collect number one, but go ahead. 595 00:36:29,520 --> 00:36:33,800 Speaker 7: And so the fact that they're saying after five days 596 00:36:33,840 --> 00:36:38,920 Speaker 7: that social media Twitter, Instagram is affecting how Jesse is 597 00:36:39,200 --> 00:36:42,840 Speaker 7: mister Smollett is being treated behind bars doesn't compute. It 598 00:36:42,960 --> 00:36:45,080 Speaker 7: just doesn't make sense that they think people who are 599 00:36:45,080 --> 00:36:48,200 Speaker 7: saying things about him on social media would then somehow 600 00:36:48,239 --> 00:36:52,680 Speaker 7: affect people behind bars, as if that information has infiltrated, 601 00:36:52,760 --> 00:36:56,440 Speaker 7: you know, some sort of scary group behind bars, it's 602 00:36:56,480 --> 00:36:59,960 Speaker 7: going to then target Smallett. It defied logic. 603 00:37:00,160 --> 00:37:02,400 Speaker 2: You know, Matthew me and Gino, high profile lawyer is 604 00:37:02,480 --> 00:37:05,200 Speaker 2: joining us A former district attorney and Lawrence County now 605 00:37:05,280 --> 00:37:11,360 Speaker 2: author Matthew how many times as one of your clients 606 00:37:11,880 --> 00:37:17,160 Speaker 2: gotten an appeal bond, which means after you're convicted at trial, 607 00:37:17,239 --> 00:37:20,920 Speaker 2: typically by a jury, the judges, oh, you know what, 608 00:37:21,040 --> 00:37:23,279 Speaker 2: Never mind about that conviction thing. You're going to walk 609 00:37:23,320 --> 00:37:28,320 Speaker 2: free to an appeals court, for instance, the Illinois Supreme 610 00:37:28,360 --> 00:37:32,320 Speaker 2: Court rules on your case, and then after they rule, 611 00:37:32,600 --> 00:37:36,160 Speaker 2: maybe you can appeal it on up to the Circuit 612 00:37:36,200 --> 00:37:38,520 Speaker 2: Court of Appeals and after that, hey, maybe you can 613 00:37:38,560 --> 00:37:40,440 Speaker 2: take it all the way to the US Supreme Court. 614 00:37:40,560 --> 00:37:42,319 Speaker 2: You just don't know how far this appeal is going 615 00:37:42,360 --> 00:37:45,000 Speaker 2: to go, but the whole time you can stay out 616 00:37:45,080 --> 00:37:47,520 Speaker 2: behind bars. I mean, why even have a jury trial? 617 00:37:47,719 --> 00:37:52,600 Speaker 5: Well, to answer your question, you know, it's not entirely 618 00:37:52,800 --> 00:37:56,479 Speaker 5: unusual to get an appeal bond. How many of you had, Well, 619 00:37:56,520 --> 00:38:01,120 Speaker 5: I'm just let me finish. It's not entire really unusual 620 00:38:01,360 --> 00:38:04,600 Speaker 5: to get one from a trial judge who earns the case, 621 00:38:04,960 --> 00:38:07,839 Speaker 5: who thinks that maybe you have an appeal that has 622 00:38:07,880 --> 00:38:12,000 Speaker 5: some merit to it, based on him having observed the trial. 623 00:38:12,560 --> 00:38:15,520 Speaker 5: So you know, he made grant that. It is unusual 624 00:38:15,760 --> 00:38:18,600 Speaker 5: to within five days at least in my experience, to 625 00:38:18,680 --> 00:38:23,200 Speaker 5: have an appellate court intervene and say this person should 626 00:38:23,239 --> 00:38:27,560 Speaker 5: have an appeal bond over the denial of the trial judge. 627 00:38:27,600 --> 00:38:31,920 Speaker 5: That's unusual. I can't say that I've ever seen that. 628 00:38:31,960 --> 00:38:34,440 Speaker 2: Can I ask you a question? Yeah, how many times 629 00:38:35,160 --> 00:38:38,880 Speaker 2: as a prosecutor did you get a conviction on a 630 00:38:38,880 --> 00:38:41,880 Speaker 2: case and then that person get out on an appeal bond. 631 00:38:43,560 --> 00:38:46,680 Speaker 5: It's rare because I never had. 632 00:38:46,480 --> 00:38:49,120 Speaker 2: It happen to me as the prosecutor. Not once did 633 00:38:49,239 --> 00:38:51,600 Speaker 2: one person that I took a trial and there's the 634 00:38:51,640 --> 00:38:55,960 Speaker 2: commission get out while they appealed the conviction that never happened, 635 00:38:56,360 --> 00:38:59,800 Speaker 2: and that was ten solid years of inter city Atlanta. 636 00:39:00,680 --> 00:39:03,480 Speaker 5: I mean, I don't disagree with you never never, and 637 00:39:03,600 --> 00:39:05,920 Speaker 5: you're here, but if you have it, if you have 638 00:39:05,960 --> 00:39:06,920 Speaker 5: a you're not answering. 639 00:39:06,960 --> 00:39:10,319 Speaker 2: I'm sorry, Matthew, you're not answering. How often did that 640 00:39:10,320 --> 00:39:12,920 Speaker 2: ever happen to you? Did it ever happen? 641 00:39:12,960 --> 00:39:17,680 Speaker 5: I would say sometimes, maybe in eight years or a judge, 642 00:39:17,960 --> 00:39:21,040 Speaker 5: A judge granted and at til bond when in fact 643 00:39:21,080 --> 00:39:22,280 Speaker 5: that one of your cases. 644 00:39:22,320 --> 00:39:23,520 Speaker 2: I didn't hear the number. 645 00:39:23,920 --> 00:39:26,560 Speaker 5: I say a couple you know, as the district attorney, 646 00:39:26,600 --> 00:39:30,239 Speaker 5: every case was mine. So I say, a couple of 647 00:39:30,239 --> 00:39:31,080 Speaker 5: times it's happened. 648 00:39:31,160 --> 00:39:34,360 Speaker 2: All right, I've never had it happen. Who's jumping in? 649 00:39:34,440 --> 00:39:35,080 Speaker 2: Is that Paul's I? 650 00:39:35,840 --> 00:39:37,640 Speaker 10: Yeah, Nance, I'd just like to make a quick comment, 651 00:39:37,680 --> 00:39:39,279 Speaker 10: and that is, you know, when you look at this 652 00:39:39,360 --> 00:39:41,080 Speaker 10: from the flip side, let's just say he would have 653 00:39:41,080 --> 00:39:45,239 Speaker 10: been successful. Let's say that that the his plot would 654 00:39:45,280 --> 00:39:49,839 Speaker 10: not have been discovered. He essentially would be setting up 655 00:39:50,560 --> 00:39:53,880 Speaker 10: one or two or more people to spend you know, 656 00:39:53,960 --> 00:39:59,160 Speaker 10: a decade or two behind bars just to promote his career. 657 00:39:59,719 --> 00:40:02,160 Speaker 2: You know, you're right, those Sindari brothers could have gone 658 00:40:02,160 --> 00:40:06,640 Speaker 2: down for years on end for a hate crime for 659 00:40:06,719 --> 00:40:10,360 Speaker 2: throwting bleach on small at, for beating him up, for 660 00:40:10,520 --> 00:40:13,680 Speaker 2: attacking him and then putting a noose around his neck. 661 00:40:13,880 --> 00:40:18,640 Speaker 2: Doctor Sherry Schwartz, what exactly is a pathological liar? 662 00:40:19,000 --> 00:40:23,360 Speaker 8: Well, this is somebody who I mean to put it 663 00:40:23,400 --> 00:40:27,279 Speaker 8: really simply, if their lips are moving, they're lying. That's 664 00:40:27,280 --> 00:40:31,120 Speaker 8: how you can think about them, because the lies literally 665 00:40:31,280 --> 00:40:34,000 Speaker 8: just come out of their mouths with great deal of ease. 666 00:40:34,600 --> 00:40:37,880 Speaker 8: Research on pathological liars shows that, you know, if they're 667 00:40:38,160 --> 00:40:42,600 Speaker 8: hooked up to like an EKG right to check their 668 00:40:42,640 --> 00:40:46,799 Speaker 8: pulse and things like that, that they lie and they 669 00:40:46,840 --> 00:40:49,839 Speaker 8: really don't experience that same kind of physical reaction that 670 00:40:50,120 --> 00:40:52,880 Speaker 8: somebody who's telling a lie that doesn't normally lie would, 671 00:40:52,960 --> 00:40:57,920 Speaker 8: like anxiety and things like that, heightened arousal. They just 672 00:40:58,080 --> 00:40:59,800 Speaker 8: lie for the sake of lying. 673 00:41:01,000 --> 00:41:06,200 Speaker 2: Lie for the sake of lying. Is Jesse Smillant finally 674 00:41:06,560 --> 00:41:11,080 Speaker 2: going to jail? Will he ever admit he did anything wrong? 675 00:41:12,000 --> 00:41:14,040 Speaker 2: Is this going to be fodder for a made for 676 00:41:14,120 --> 00:41:20,480 Speaker 2: TV movie or a book? Oh? Probably, We wait as 677 00:41:20,640 --> 00:41:23,359 Speaker 2: just as unfolds. Goodbye friend,