Abimbola Osundairo, also known as “Bola,” said the “Empire” actor’s comments were confusing.
“I was confused,” Osundairo continued to testify. “He then explained that he wanted me to fake hit him.”
Osundairo said he agreed to do it because he felt indebted to the actor.
“I believe he can help me further develop in my acting career,” Osundairo testified. “He told me we would need someone else to beat him up fake. He mentioned that my brother could do that. I said yes.”
He said the discussion took place in a car while Smollett was driving him home from near the show’s Chicago studio.
The court adjourned for a day at 7pm with Osundairo still in place. He was not cross-examined by defense attorneys, but that is expected to happen Thursday morning after the trial resumes at 9:15 a.m. CT (10:15 a.m. ET).
Smollett, who is black and gay, said two men beat him, shouted anti-gay and racist comments, put a noose around his neck and pour bleach on him.
Authorities argued evidence, including texts and accounts from Osundairo and his brother, Olabinjo, indicated Smollett paid the pair $3,500 to carry out a criminal attack hatred against him so that he can be public and advance in his career.
Smollett pleaded not guilty to face six counts of disorderly conduct for falsely reporting to police that he was the victim of a hate crime.
Neither brother has been charged.
In 2019, one of Smollett’s attorneys said he paid for the brothers’ nutrition counseling and training services.
Testimony in Smollett’s trial began Tuesday with police officers describing the extensive investigation into the case.
Osundairo: The plan was discussed while parking in an alley
Abimbola Osundairo testified Wednesday that after the two drove back to the Osundairo mansion, they parked in an alley when Olabinjo Osundairo stepped out to join them in the car.
“We looked in detail at what he wanted us to say and do,” Abimbola Osundairo told jurors.
Smollett allegedly told him to say, “Empire, f**** t, n***er, MAGA” then the conversation turned to the more physical side, he said.
Osundairo testified, “He wanted me to attack him, but he wanted me to do the punch so I wouldn’t hurt him, give him a bruise.” The final part of the plan would be “to pour bleach on him and then he would run away,” Osundairo testified.
“Who’s in charge of this?” Special Prosecutor Daniel Webb asked.
“Jussie did,” Osundairo told the jury.
Osundairo told Webb that Smollett “wants to use the fake attack or camera footage for the media.”
He said Smollett also told the brothers not to carpool to the place they were supposed to meet so there was no record of their trip.
Osundairo testified that although he did not expect to be paid for helping Smollett carry out the attack, the actor still gave him a check for $3,500.
“If he doesn’t give you the money, are you going to attack?” Webb asked.
“Yes,” replied Osundairo, saying that Smollett is like a brother and that he feels indebted to the actor.
Osundairo also told the jury that Smollett instructed him to write a letter in the days following the reported attack to show sympathy.
“I had to send him a condolence letter, to show that I wasn’t part of this,” he said.
Osundairo also told the jury that he and Smollett had shared private messages on Instagram the night of the attack and that the actor had updated him on the status of his delayed flight to Chicago.
The delay, he said, pushed back the time of the alleged attack and into the early morning hours of January 29.
Osundairo testified that his brother had left for Nigeria later on the 29th and Smollett called him to ask if he and his brother were still on the way.
Hours after that call, after the Osundairo brothers had landed in Turkey for shelter, Smollett called him again to ask if they were still on the way, he said. Osundairo testified that he believed Smollett wanted to know if they were “all right” and if there were any problems.
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