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‘Empire’ actor Jussie Smollett goes from victim to accused felon

Published: Updated:

The whispers about “Empire” actor Jussie Smollett started with reports that he had not fully cooperated with police after telling authorities he was attacked in Chicago by two men who hurled racist, anti-gay slurs and looped a rope around his neck.

Then detectives in a city bristling with surveillance cameras could not find video of the beating. Later, two brothers were taken into custody for questioning but were released after two days, with police saying they were no longer suspects.

Following three weeks of mounting suspicions, Smollett was charged on Wednesday with making a false police report, a charge that could bring up to three years in prison and force the actor, who is black and gay, to pay for the cost of the investigation into his report of a January 29 beating.

In less than a month, the 36-year-old changed from being the seemingly sympathetic victim of a hate crime to being accused of fabricating the entire thing.

Police tried on Wednesday evening to get in touch with Smollett’s attorneys to negotiate his surrender. Officers did not have a time frame for how long the actor would be given.

“We are trying to be diplomatic and reasonable, and we’re hoping he does the same,” police spokesman Anthony Guglielmi said.

Disorderly conduct

The felony disorderly conduct charge emerged on the same day that detectives and the two brothers testified before a grand jury. Smollett’s attorneys met with prosecutors and police, but it was unknown what they discussed or whether Smollett attended the meeting.

In a statement, attorneys Todd Pugh and Victor Henderson said Smollett “enjoys the presumption of innocence, particularly when there has been an investigation like this one where information, both true and false, has been repeatedly leaked.”

Smollett, who plays a gay character on the hit Fox television show, said he was attacked on January 29 as he was walking home from a downtown Subway sandwich shop. He said the masked men beat him, made derogatory comments and yelled “This is MAGA country” - an apparent reference to President Donald Trump’s campaign slogan, “Make America Great Again” - before fleeing.

Earlier Wednesday, Fox Entertainment and 20th Century Fox Television issued a statement saying Smollett “continues to be a consummate professional on set” and that his character is not being written off the show. The series is shot in Chicago and follows a black family as they navigate the ups and downs of the recording industry.

The studio’s statement followed reports that Smollett’s role was being slashed amid the police investigation.

Smollett has been active in LBGTQ issues, and initial reports of the assault drew outrage and support for him on social media, including from Senator Kamala Harris of California and TV talk show host Ellen DeGeneres.

Referring to a published account of the attack, President Donald Trump told reporters at the White House that “it doesn’t get worse, as far as I’m concerned.”

But several hours after Smollett was declared a suspect and the charges announced, there was little reaction from celebrities online.

Former Cook County prosecutor Andrew Weisberg said judges rarely throw defendants in prison for making false reports, opting instead to place them on probation, particularly if they have no prior criminal record.

Smollett has a record - one that concerns giving false information to police when he was pulled over on suspicion of driving under the influence. According to records, he was also charged with false impersonation and driving without a license. He later pleaded no contest to a reduced charge and took an alcohol education and treatment program.

Costly investigation

Another prospective problem is the bill someone might receive after falsely reporting a crime that prompted a nearly month-long investigation, including the collection and review of hundreds of hours of surveillance video.

The size of the tab is anyone’s guess, but given how much time the police have invested, the cost could be huge.

Weisberg recently represented a client who was charged with making a false report after surveillance video discredited her account of being robbed by three men at O’Hare Airport.

For an investigation that took a single day, his client had to split restitution of $8,400, Weisberg said. In Smollett’s case, “I can imagine that this would be easily into the hundreds of thousands of dollars.”