Attorney for brothers in alleged Smollett hoax: 'Empire' star 'took advantage of them'

The attorney for the Osundairo brothers, who allegedly helped Jussie Smollett stage a hate crime, is speaking out on their behalf.

Appearing on "America's Newsroom" Monday, Gloria Schmidt said that her clients, Abel and Olabinjo "Ola" Osundairo, were not in any legal jeopardy themselves stemming from the Jan. 29 incident.

"Absolutely not," Schmidt said. "I don't know what the prosecutors have said or not said, but I know in terms of their legal analysis, they're not in any peril." She added, "What this case really is about is a person in a position of trust who really betrayed my clients and took advantage of them."

In January, Smollett told police that two masked men attacked him, put a rope around his neck and poured bleach on him as he was walking home from a Subway restaurant. The actor, who is black and openly gay, said the masked men beat him, made racist and homophobic comments and yelled, "This is MAGA country" before fleeing the scene.

However, the Chicago Police Department alleges that Smollett paid the Osundairos by check for a "phony attack" in order to take "advantage of the pain and anger of racism to promote his career."

Chicago Police Superintendent Eddie Johnson said at a press conference last month that police found the "check that [Smollett] used to pay [two brothers]" to fake the beating, adding he paid them $3,500 "for the two of them in total, and then $500 upon return."

He said the attack "was staged, the brothers had on gloves during the staged attack where they punched him a little, but as far as we can tell, the scratching and bruising that you saw on [Smollett's] face was most likely self-inflicted.”