Actor Jussie Smollett has requested a second round of charges against him be dropped.
Smollett’s lawyers requested to have the charges dropped due to the testimony of the Osundairo brothers, according to an article published Tuesday by Page Six. The second round of charges were brought against Smollett in February of 2020 after prosecutor Kim Foxx originally dropped charges a year before.
Smollett had been accused of faking a hate crime against himself. As previously reported, he currently faces six counts of disorderly conduct for allegedly filing a false police report.
Smollett’s lawyers claimed the testimony from 2019 given by the Osundairo brothers should have been declared invalid since it was part of the original case, Page Six reported. (RELATED: Jussie Smollett Claims He’s Innocent, Calls Claims He Set Up A ‘Bullsh*t’)
“The OSP cannot have it both ways,” the motion, which was filed by Smollett’s lawyers on Sept. 9, stated, according to the outlet. “It cannot convene a special grand jury based on Judge Toomin’s Order but then rely on the transcripts from those ‘void’ proceedings to secure a new indictment.”
“Furthermore, there is no legitimate reason why the Osundairo brothers were not called to provide live testimony to the special grand jury, particularly when they live locally in Chicago, were available and cooperating with the OSP, and reportedly met with the OSP for hours only one month earlier,” the motion added.