The Chicago Police Department released its file on the investigation into the alleged hate crime staged by Jussie Smollett on Wednesday, offering insight into how detectives approached the case and revealing the involvement of the FBI.
The investigative file, which shows investigators quickly came to believe the crime was a hoax, came out one day after all charges facing the “Empire” actor were dropped.
In the report, Chicago Detective Richard Hagen said police believed “Jussie Smollett made false reports to police claiming to be the victim of an aggravated battery.”
Hagen revealed that Chicago police were sharing investigative information with FBI agents. “Per request of FBI Special Agent Greg Wing, the [detective] forwarded a copy of the search warrant Number 19SW5223, which was issued pertaining to the Apple Incorporated held iCloud account controlled by Jussie Smollett to FBI analyst Mariella Lopez via email … The [detective] received an email reply indicating receipt of this document,” Hagen said.
The full extent of the FBI’s involvement in the Smollett case is not known.
The investigative files show a series of different detectives working the case, all reaching the same conclusion: Smollett had staged the attack against himself and had paid two brothers — Abel Osundairo and Ola Osundairo — $3,500 to carry out the hoax. Although their names are redacted in the files, statements by police suggest investigators believe that the Osundairo brothers were the two men hired by Smollett.
The police notes show detectives were highly focused on a $3,500 check that Smollett paid to the Osundairo brothers. Three Chicago detectives — Michael Vogenthaler, Michael Theis, and Ronald Jasica — all showed up at the TCF bank where one of the Osundairo brothers cashed the check. “[Redacted] met with the branch manager and asked for a photocopy of a check deposited on 28-Jan-2019 in the amount of $3500 into the account of [redacted]. [Reacted] was given a photocopy of check #1063 written from Jussie Smollett. Detective Theis notified ASA [assistant state’s attorney] Bill Reardon that a photocopy of the check had been obtained. ASA Reardon asked to have [redacted] and [redacted] present at the Grand Jury by 1300 hours that day,” the report said.
Smollett claims that the $3,500 check was for personal training sessions from the Osundairo brothers. But police notes indicate one of the brothers said he received only “$20 an hour on the low end and $50 an hour on the high end” for his training sessions.
Detectives Vogenthaler and Theis write that they “discussed the inconsistencies being reported about the involvement of, and knowledge of, [redacted] an [redacted] concerning the letter received by Jussie Sollett on January 22, 2019.” This is a reference to the racist and homophobic letter threatening violence against Smollett that he allegedly received the week prior to the hoax attack.
“Both [redacted] and [redacted] stated they had absolutely nothing to do with that letter. Both were emphatic about the denial,” the detectives said.
That letter is being looked into by federal investigators amid speculation that Smollett may have sent it to himself.
Police released this information in response to a Freedom of Information Act request submitted by CWBChicago. Chicago police’s FOIA office has been inundated with FOIA requests related to this case for weeks.
“These files were provided by the Chicago Police Department in response to a FOIA request that CWBChicago submitted upon learning that the Cook County State’s Attorney’s Office had reached a sealed agreement to resolve Smollett’s criminal exposure in the case … Our requests for video, including bodycam, surveillance, and interrogation, was denied,” CWBChicago said on its website.
Vogenthaler summarized the shift in police’s outlook from investigating an alleged assault to concluding they were investigating a likely hoax: “The report is being RE-CLASSIFIED from an Aggravated Battery… to a Public Peace / Other Violation… Case re-classification is being done based on the facts of the case, evidence gathered, and witness statements.”
“Investigation revealed that a plan was formulated and put into play by Smollett to conduct a staged incident where Smollett was beaten by [redacted] and [redacted] posing as persons other than themselves,” Vogenthaler said.
Smollett filed a police report in late January that alleged he was attacked by two masked men who made racist and anti-gay comments, put a rope around his neck, and threw bleach on him. Police concluded that Smollett had misled investigators, staging the attack himself and then filing a false report with the police.
The police notes said “the bottle filled with bleach and poured on Smollett” was an “El Yucateco hot sauce bottle” which was recovered by police on Feb. 7, 2019. One of the Osundairo brothers confirmed that he’d dumped the bleach on Smollett.
Smollett was indicted on 16 felony charges, which were dropped by the Cook County state attorney’s office Tuesday. Chicago police, the Chicago police union, and Chicago Mayor Rahm Emanuel have all expressed dismay about the decision.
