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Jussie Smollett's attorney wants to shift focus on brothers' role in attack

The "Empire" actor being cleared of all charges leaves several questions unanswered.

Jussie Smollett // Instagram

Now that Jussie Smollett is no longer facing criminal charges stemming from what began as an alleged hate crime and turned into the "Empire" actor being accused of falsifying a police report, there are several questions that are left unanswered, including if there was any internal misconduct with the investigation and, of course, what actually happened on the night of Jan. 29, 2019.

For Smollett's attorney, Patricia Brown Holmes, the next step is to try to shift the attention back on the two brothers who were connected to the situation. According to Holmes, investigators need to shift the focus back on Abimbola "Abel" Osundairo and Olabinjo "Ola" Osundairo, who told police they were paid by Smollett to help stage a racist and homophobic attack on him. The brothers were questioned by police but were released without charges.

"The two men who attacked him have indicated that they attacked him, so we already know who attacked him," Holmes said in a statement on Wednesday (March 27).

While the prosecutor who cleared Smollett in the alleged staging of a homophobic and racial attack told reporters he believes the actor was still guilty, his record has since been cleared. Prosecutors reportedly dropped the case because Smollett forfeited a $10,000 bond payment and conducted two days of community service.

As previously reported, the Osundairo brothers told police that Smollett paid them $3,500 to help stage the attack, whereas the actor stated the payment was in exchange for personal fitness training services. After the brothers were detained by Chicago police, they were considered suspects in the attack but were released without being charged. They also testified before a grand jury, leading authorities to arrest Smollett on the claim of filing a false police report of the attack.

As reported by the AP, the brothers' attorney, Gloria Schmidt, said her clients did not testify as part of any plea deal with prosecutors and that they were not granted any immunity from prosecution. On Tuesday (March 26), Schmidt issued a statement commenting on the matter.

"The Osundairo brothers were fully prepared to testify in any criminal proceeding in the Jussie Smollett case," she shared.

Previously, Schmidt explained how the brothers regretted their involvement in the alleged hoax.

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