Jussie Smollett trial: Second Osundairo brother takes the stand, defense attorney asks for mistrial

The special prosecutor in the trial of Jussie Smollett rested his case Thursday evening. 

Hours earlier, explosive moments unfolded in court when one of Smollett's attorneys demanded a mistrial. 

Defense attorney Tamara Walker was cross-examining Ola Osundairo – one of two brothers who say they helped Smollett carry out a phony hate crime against himself in January 2019 – when she asked for a sidebar.

The jury was taken out of the room. 

Walker then told Judge James Linn she felt disrespected by his actions and comments, specifically when Linn said her line of questioning was "collateral." 

Walker asked for a mistrial – a move the judge called "stunning." 

Walker also said Linn physically lunged at her during their sidebar, which he denied, stating he was so shocked the term "mistrial" came up that he was simply hurrying back to his bench.

Another defense attorney said they didn't appreciate the judge's "snarling facial expressions." Judge Linn said there would be no mistrial and resumed proceedings. 

Once Osundairo finished testifying around 5:30 p.m., and the jury took a brief dinner break, Special Prosecutor Dan Webb rested his case. 


Three witnesses were called by the defense to testify Thursday evening – Smollett's music manager, Brandon Moore, along with Dr. Robert Turelli, a Northwestern Memorial Hospital physician who treated Smollett the night of the alleged attack, and Smollett’s publicist, Pamela Sharp.

Smollett faces six counts of felony disorderly conduct for allegedly lying to police. The former ‘Empire’ star’s legal team maintains he was the victim of a real attack.

The defense, on Thursday, also made a motion for a directed finding, essentially asking the judge to acquit Smollett for lack of evidence. The judge denied this request. 

The jury has been asked to report back to the Leighton Criminal Courthouse at 9:15 a.m. Monday, Dec. 5.