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Smollett told police that, after getting food from a [[Subway (restaurant)|Subway restaurant]] around 2:00 a.m.,[{{cite news |title=Chicago Police Department Original Case Incident Report |url=https://dig.abclocal.go.com/wls/documents/020419-smollett-report-doc.pdf |work=[[WLS-TV]] |location=[[Chicago]] |date=January 29, 2019 |access-date=February 8, 2019 |archive-date=January 27, 2021 |archive-url=https://web.archive.org/web/20210127110912/https://dig.abclocal.go.com/wls/documents/020419-smollett-report-doc.pdf |url-status=live }}] Smollett said that he was on the phone with his manager, [[Frank Gatson Jr.|Frank Gatson]], at the time of the purported incident. |
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Smollett told police that, after getting food from a [[Subway (restaurant)|Subway restaurant]] around 2:00 a.m.,[{{cite news |title=Chicago Police Department Original Case Incident Report |url=https://dig.abclocal.go.com/wls/documents/020419-smollett-report-doc.pdf |work=[[WLS-TV]] |location=[[Chicago]] |date=January 29, 2019 |access-date=February 8, 2019 |archive-date=January 27, 2021 |archive-url=https://web.archive.org/web/20210127110912/https://dig.abclocal.go.com/wls/documents/020419-smollett-report-doc.pdf |url-status=live }}] Smollett said that he was on the phone with his manager, [[Frank Gatson Jr.|Frank Gatson]], at the time of the purported incident. |
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He described one of the assailants as white, though both were black.[{{cite news |last1=Jacobs |first1=Julia |last2=Guarino |first2=Mark |date=December 6, 2021 |title=Jussie Smollett Tells Jury He Did Not Direct a Fake Attack on Himself |language=en-US |work=The New York Times |url=https://www.nytimes.com/2021/12/06/arts/television/jussie-smollett-trial-testimony.html |access-date=December 17, 2021 |issn=0362-4331 |archive-date=December 16, 2021 |archive-url=https://web.archive.org/web/20211216023539/https://www.nytimes.com/2021/12/06/arts/television/jussie-smollett-trial-testimony.html |url-status=live }}][{{cite news |last=Madhani |first=Aamer |date=April 11, 2019 |title=Jussie Smollett purposely misled police by saying assailants were white, lawsuit alleges |url=https://www.usatoday.com/story/news/nation/2019/04/11/jussie-smollett-lawsuit-actor-falsely-described-attackers-white/3442179002/ |url-status=live |archive-url=https://web.archive.org/web/20211201064047/https://www.usatoday.com/story/news/nation/2019/04/11/jussie-smollett-lawsuit-actor-falsely-described-attackers-white/3442179002/ |archive-date=December 1, 2021 |work=USA TODAY |language=en-US}}] They allegedly began to beat Smollett about the face, using their hands, feet, and teeth as weapons in the assault.[{{cite news |first=Karma |last=Allen |title=Newly revealed report offers chilling details of alleged Jussie Smollett attack |publisher=ABC News |location=[[New York City]] |date=February 4, 2019 |url=https://abcnews.go.com/Entertainment/newly-revealed-report-offers-chilling-details-alleged-jussie/story?id=60842410 |access-date=February 5, 2019 |archive-date=January 9, 2021 |archive-url=https://web.archive.org/web/20210109075412/https://abcnews.go.com/Entertainment/newly-revealed-report-offers-chilling-details-alleged-jussie/story?id=60842410 |url-status=live }}] According to a statement released by Chicago police, the two suspects then "poured an unknown chemical substance on the victim" and at some point during the incident "wrapped a rope around the victim's neck".[{{cite news |url=https://www.independent.co.uk/arts-entertainment/tv/news/jussie-smollett-empire-attack-gay-racial-homophobic-assault-chicago-a8752836.html |title=Jussie Smollett attack: Empire star in hospital after suspected racist and homophobic assault |first=Clémence |last=Michallon |work=[[The Independent]] |location=[[London]] |date=January 29, 2019 |access-date=January 30, 2019 |archive-date=May 31, 2021 |archive-url=https://web.archive.org/web/20210531041134/https://www.independent.co.uk/arts-entertainment/tv/news/jussie-smollett-empire-attack-gay-racial-homophobic-assault-chicago-a8752836.html |url-status=live }}] Smollett said that he fought them off. There were surveillance cameras at the location that Smollett assumed had captured the incident, but, as it turned out, they were facing in the wrong direction.[{{Cite web |url=https://www.vanityfair.com/hollywood/2019/02/jussie-smollett-attack-maga-fake-trevor-noah |title=Jussie Smollett "Has Screwed Over Everyone," Says Trevor Noah |website=[[Vanity Fair (magazine)|Vanity Fair]] |date=February 22, 2019 |access-date=March 11, 2020 |archive-date=February 27, 2021 |archive-url=https://web.archive.org/web/20210227005713/https://www.vanityfair.com/hollywood/2019/02/jussie-smollett-attack-maga-fake-trevor-noah |url-status=live }}] A witness, an employee of NBC News Chicago, who was near the scene of Smollett's alleged incident and was exiting her car around the "corner from the location,"[{{cite web | title=Prosecutors Release Shocking Details in Jussie Smollett Case, Plus: Did He Tell Police He Has a Drug Problem? | website=Extra | date=2019-02-21 | url=https://extratv.com/2019/02/21/prosecutors-release-shocking-details-in-jussie-smollett-case-plus-did-he-tell-police-he-has-a-drug-problem/ | access-date=2024-01-10 | archive-date=January 10, 2024 | archive-url=https://web.archive.org/web/20240110155156/https://extratv.com/2019/02/21/prosecutors-release-shocking-details-in-jussie-smollett-case-plus-did-he-tell-police-he-has-a-drug-problem/ | url-status=live }}] said that she heard nothing.[{{cite news |last1=Rumore |first1=Kori |last2=Brinson |first2=Jemal R. |title=The Jussie Smollett incident: Minute-by-minute of that cold January night |work=Chicago Tribune |date=February 25, 2019 |url=https://www.chicagotribune.com/news/ct-viz-jussie-smollett-incident-night-details-htmlstory.html |access-date=March 13, 2022 |archive-date=March 13, 2022 |archive-url=https://web.archive.org/web/20220313235235/https://www.chicagotribune.com/news/ct-viz-jussie-smollett-incident-night-details-htmlstory.html |url-status=live }}] |
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He described one of the assailants as white, though both were Black.[{{cite news |last1=Jacobs |first1=Julia |last2=Guarino |first2=Mark |date=December 6, 2021 |title=Jussie Smollett Tells Jury He Did Not Direct a Fake Attack on Himself |language=en-US |work=The New York Times |url=https://www.nytimes.com/2021/12/06/arts/television/jussie-smollett-trial-testimony.html |access-date=December 17, 2021 |issn=0362-4331 |archive-date=December 16, 2021 |archive-url=https://web.archive.org/web/20211216023539/https://www.nytimes.com/2021/12/06/arts/television/jussie-smollett-trial-testimony.html |url-status=live }}][{{cite news |last=Madhani |first=Aamer |date=April 11, 2019 |title=Jussie Smollett purposely misled police by saying assailants were white, lawsuit alleges |url=https://www.usatoday.com/story/news/nation/2019/04/11/jussie-smollett-lawsuit-actor-falsely-described-attackers-white/3442179002/ |url-status=live |archive-url=https://web.archive.org/web/20211201064047/https://www.usatoday.com/story/news/nation/2019/04/11/jussie-smollett-lawsuit-actor-falsely-described-attackers-white/3442179002/ |archive-date=December 1, 2021 |work=USA TODAY |language=en-US}}] They allegedly began to beat Smollett about the face, using their hands, feet, and teeth as weapons in the assault.[{{cite news |first=Karma |last=Allen |title=Newly revealed report offers chilling details of alleged Jussie Smollett attack |publisher=ABC News |location=[[New York City]] |date=February 4, 2019 |url=https://abcnews.go.com/Entertainment/newly-revealed-report-offers-chilling-details-alleged-jussie/story?id=60842410 |access-date=February 5, 2019 |archive-date=January 9, 2021 |archive-url=https://web.archive.org/web/20210109075412/https://abcnews.go.com/Entertainment/newly-revealed-report-offers-chilling-details-alleged-jussie/story?id=60842410 |url-status=live }}] According to a statement released by Chicago police, the two suspects then "poured an unknown chemical substance on the victim" and at some point during the incident "wrapped a rope around the victim's neck".[{{cite news |url=https://www.independent.co.uk/arts-entertainment/tv/news/jussie-smollett-empire-attack-gay-racial-homophobic-assault-chicago-a8752836.html |title=Jussie Smollett attack: Empire star in hospital after suspected racist and homophobic assault |first=Clémence |last=Michallon |work=[[The Independent]] |location=[[London]] |date=January 29, 2019 |access-date=January 30, 2019 |archive-date=May 31, 2021 |archive-url=https://web.archive.org/web/20210531041134/https://www.independent.co.uk/arts-entertainment/tv/news/jussie-smollett-empire-attack-gay-racial-homophobic-assault-chicago-a8752836.html |url-status=live }}] Smollett said that he fought them off. There were surveillance cameras at the location that Smollett assumed had captured the incident, but, as it turned out, they were facing in the wrong direction.[{{Cite web |url=https://www.vanityfair.com/hollywood/2019/02/jussie-smollett-attack-maga-fake-trevor-noah |title=Jussie Smollett "Has Screwed Over Everyone," Says Trevor Noah |website=[[Vanity Fair (magazine)|Vanity Fair]] |date=February 22, 2019 |access-date=March 11, 2020 |archive-date=February 27, 2021 |archive-url=https://web.archive.org/web/20210227005713/https://www.vanityfair.com/hollywood/2019/02/jussie-smollett-attack-maga-fake-trevor-noah |url-status=live }}] A witness, an employee of NBC News Chicago, who was near the scene of Smollett's alleged incident and was exiting her car around the "corner from the location,"[{{cite web | title=Prosecutors Release Shocking Details in Jussie Smollett Case, Plus: Did He Tell Police He Has a Drug Problem? | website=Extra | date=2019-02-21 | url=https://extratv.com/2019/02/21/prosecutors-release-shocking-details-in-jussie-smollett-case-plus-did-he-tell-police-he-has-a-drug-problem/ | access-date=2024-01-10 | archive-date=January 10, 2024 | archive-url=https://web.archive.org/web/20240110155156/https://extratv.com/2019/02/21/prosecutors-release-shocking-details-in-jussie-smollett-case-plus-did-he-tell-police-he-has-a-drug-problem/ | url-status=live }}] said that she heard nothing.[{{cite news |last1=Rumore |first1=Kori |last2=Brinson |first2=Jemal R. |title=The Jussie Smollett incident: Minute-by-minute of that cold January night |work=Chicago Tribune |date=February 25, 2019 |url=https://www.chicagotribune.com/news/ct-viz-jussie-smollett-incident-night-details-htmlstory.html |access-date=March 13, 2022 |archive-date=March 13, 2022 |archive-url=https://web.archive.org/web/20220313235235/https://www.chicagotribune.com/news/ct-viz-jussie-smollett-incident-night-details-htmlstory.html |url-status=live }}] |
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According to Gloria Rodriguez, the lawyer for the assailants, Smollett first drove them to the spot where the attack was supposed to occur for a "dress rehearsal" and told them, "Here's a camera, there's a camera and here's where you are going to run away".[{{cite news |url=https://www.nbcnews.com/pop-culture/pop-culture-news/trial-set-start-charges-actor-jussie-smollett-faked-racist-attack-n1284845 |title=Trial set to start on charges actor Jussie Smollett faked racist attack |work=NBC News |date=November 28, 2021 |access-date=March 28, 2023 |language=en |archive-date=November 29, 2021 |archive-url=https://web.archive.org/web/20211129024804/https://www.nbcnews.com/pop-culture/pop-culture-news/trial-set-start-charges-actor-jussie-smollett-faked-racist-attack-n1284845 |url-status=live }}] The assailants explained that Smollett's plan was to post the footage on [[social media]],[{{cite news |last1=Hendrickson |first1=Matthew |title=Will Jussie Smollett take the stand? Critical question remains as actor's trial resumes Monday |url=https://chicago.suntimes.com/2021/12/5/22815926/jussie-smollett-trial-stand-testify-witness-chicago |access-date=December 18, 2021 |date=December 5, 2021 |quote=Smollett's motive, they said, was dissatisfaction with the way the television studio behind his then-hit show "Empire" had handled his security after he received a piece of hate mail — which prosecutors have also said the actor fabricated. Smollett, they said, staged the attack near a police surveillance camera in order to get video of the assault that he could post to social media. |archive-date=December 6, 2021 |archive-url=https://web.archive.org/web/20211206012648/https://chicago.suntimes.com/2021/12/5/22815926/jussie-smollett-trial-stand-testify-witness-chicago |url-status=live }}] and that he became very upset when police told him that no cameras had recorded the attack.[{{Cite web |last= |title=Police: Jussie Smollett 'Upset' Camera Didn't Record Attack |url=https://www.nbcchicago.com/news/local/police-jussie-smollett-upset-camera-didnt-record-attack/2697729/ |access-date=2023-05-09 |website=NBC Chicago |date=December 2021 |language=en-US |archive-date=December 2, 2021 |archive-url=https://web.archive.org/web/20211202161251/https://www.nbcchicago.com/news/local/police-jussie-smollett-upset-camera-didnt-record-attack/2697729/ |url-status=live }}] Smollett was treated at [[Northwestern Memorial Hospital]]. Not seriously injured, he was released "in good condition" later that morning.[{{cite news |url=https://variety.com/2019/tv/news/jussie-smollett-empire-assaulted-chicago-1203122135/ |title=''Empire'' Star Jussie Smollett Assaulted in Chicago in Suspected Hate Crime |last=Otterson |first=Joe |work=[[Variety (magazine)|Variety]] |location=[[Los Angeles]] |date=January 29, 2019 |access-date=January 29, 2019 |archive-date=November 10, 2021 |archive-url=https://web.archive.org/web/20211110012451/https://variety.com/2019/tv/news/jussie-smollett-empire-assaulted-chicago-1203122135/ |url-status=live }}][{{cite news |url=https://www.elle.com/culture/celebrities/a26077305/empire-jussie-smollett-hospitalized-hate-crime/ |title=''Empire'' Actor Jussie Smollett Hospitalized Following Racist, Homophobic Attack |first=Nerisha |last=Penrose |date=January 29, 2019 |access-date=February 3, 2019 |work=[[Elle (magazine)|Elle]] |location=United States |quote=he was treated and discharged early Tuesday morning |archive-date=November 10, 2021 |archive-url=https://web.archive.org/web/20211110011309/https://www.elle.com/culture/celebrities/a26077305/empire-jussie-smollett-hospitalized-hate-crime/ |url-status=live }}] |
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According to Gloria Rodriguez, the lawyer for the assailants, Smollett first drove them to the spot where the attack was supposed to occur for a "dress rehearsal" and told them, "Here's a camera, there's a camera and here's where you are going to run away".[{{cite news |url=https://www.nbcnews.com/pop-culture/pop-culture-news/trial-set-start-charges-actor-jussie-smollett-faked-racist-attack-n1284845 |title=Trial set to start on charges actor Jussie Smollett faked racist attack |work=NBC News |date=November 28, 2021 |access-date=March 28, 2023 |language=en |archive-date=November 29, 2021 |archive-url=https://web.archive.org/web/20211129024804/https://www.nbcnews.com/pop-culture/pop-culture-news/trial-set-start-charges-actor-jussie-smollett-faked-racist-attack-n1284845 |url-status=live }}] The assailants explained that Smollett's plan was to post the footage on [[social media]],[{{cite news |last1=Hendrickson |first1=Matthew |title=Will Jussie Smollett take the stand? Critical question remains as actor's trial resumes Monday |url=https://chicago.suntimes.com/2021/12/5/22815926/jussie-smollett-trial-stand-testify-witness-chicago |access-date=December 18, 2021 |date=December 5, 2021 |quote=Smollett's motive, they said, was dissatisfaction with the way the television studio behind his then-hit show "Empire" had handled his security after he received a piece of hate mail — which prosecutors have also said the actor fabricated. Smollett, they said, staged the attack near a police surveillance camera in order to get video of the assault that he could post to social media. |archive-date=December 6, 2021 |archive-url=https://web.archive.org/web/20211206012648/https://chicago.suntimes.com/2021/12/5/22815926/jussie-smollett-trial-stand-testify-witness-chicago |url-status=live }}] and that he became very upset when police told him that no cameras had recorded the attack.[{{Cite web |last= |title=Police: Jussie Smollett 'Upset' Camera Didn't Record Attack |url=https://www.nbcchicago.com/news/local/police-jussie-smollett-upset-camera-didnt-record-attack/2697729/ |access-date=2023-05-09 |website=NBC Chicago |date=December 2021 |language=en-US |archive-date=December 2, 2021 |archive-url=https://web.archive.org/web/20211202161251/https://www.nbcchicago.com/news/local/police-jussie-smollett-upset-camera-didnt-record-attack/2697729/ |url-status=live }}] Smollett was treated at [[Northwestern Memorial Hospital]]. Not seriously injured, he was released "in good condition" later that morning.[{{cite news |url=https://variety.com/2019/tv/news/jussie-smollett-empire-assaulted-chicago-1203122135/ |title=''Empire'' Star Jussie Smollett Assaulted in Chicago in Suspected Hate Crime |last=Otterson |first=Joe |work=[[Variety (magazine)|Variety]] |location=[[Los Angeles]] |date=January 29, 2019 |access-date=January 29, 2019 |archive-date=November 10, 2021 |archive-url=https://web.archive.org/web/20211110012451/https://variety.com/2019/tv/news/jussie-smollett-empire-assaulted-chicago-1203122135/ |url-status=live }}][{{cite news |url=https://www.elle.com/culture/celebrities/a26077305/empire-jussie-smollett-hospitalized-hate-crime/ |title=''Empire'' Actor Jussie Smollett Hospitalized Following Racist, Homophobic Attack |first=Nerisha |last=Penrose |date=January 29, 2019 |access-date=February 3, 2019 |work=[[Elle (magazine)|Elle]] |location=United States |quote=he was treated and discharged early Tuesday morning |archive-date=November 10, 2021 |archive-url=https://web.archive.org/web/20211110011309/https://www.elle.com/culture/celebrities/a26077305/empire-jussie-smollett-hospitalized-hate-crime/ |url-status=live }}] |
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