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Nigerian brothers 'paid' by Jussie Smollett to 'carry out homophobic attack' agree to cooperate with the case against him again - a day after backing out

The two brothers who Jussie Smollett allegedly paid to attack him last year have decided once again to cooperate with prosecutors in the ongoing case against him, a day after backing out. 
Abel and Ola Osundairo had agreed to cooperate with the special prosecution of Smollett as it proceeds. 
They told police he paid them $3,500 to carry out a fake, homophobic attack on him last January - something Smollett vehemently denies. 
On Wednesday, Abel said they had changed their minds because the police department was still treating them as suspects.
On Thursday, their lawyer told CBS that they were once again willing to cooperate because Dan Webb, the special prosecutor, had intervened. 
It is believed they were arguing with the cops over the whereabouts of a gun that was confiscated when police raided their home last year.   
Ola and Abel Osundario are pictured arriving to court in Chicago, Illinois on February 24
 Ola and Abel Osundario are pictured arriving to court in Chicago, Illinois on February 24
Two brothers had agreed to testify against Jussie Smollett (pictured) after police accused him of paying them to stage a homophobic attack in January 2019
Two brothers had agreed to testify against Jussie Smollett (pictured) after police accused him of paying them to stage a homophobic attack in January 2019
But Abel Osundairo filed a police report on Wednesday and complains that cops are withholding his belongings as part of evidence
But Abel Osundairo filed a police report on Wednesday and complains that cops are withholding his belongings as part of evidence
'It's been over a year and they need to give us our stuff back,' Abel Osundairo complained to CBS 2 on Wednesday. 'I would understand if we were defendants in the case, which we are not.' 
During a police raid, cops took a number of possessions belonging to Abel, who said that the bulk of the items he can't get back belong to his loved ones.

'Most of the stuff isn't even mine,' Abel said. 'They belong to my oldest brother, my mother, my sister. They even took my dog's toy.'
But he's also concerned about his firearm.
The authorities are in possession of his 9mm gun and ammunition inside a safe.
'Legally it belongs to me, and I want to know its whereabouts,' he continued.
His attorney, Schmidt Rodriguez, has filed a court motion with a judge for the items to be returned.
Abel also filed a police report on Wednesday as part of the administrative dispute.
Police told CBS 2 that the weapon is still in the chain of evidence and they will comply with the order if appropriate.
'Of course I'm skeptical, because you are saying one thing one day and another thing another day,' Abel Osundairo said. 'It's just another thing we have to go through.'
Police added they will cooperate with a judge's order to turn over or produce evidence if appropriate, with the Chicago PD telling CBS 2 that the handgun is being preserved as evidence in an evidence locker.
Earlier this month, a Cook County judge shot down actor Smollett's attempt have criminal charges against him dropped, telling the actor that the new charges against him do not violate his right against double jeopardy.
Smollett's attorneys made the double jeopardy argument after a special prosecutor secured a six-count indictment on charges alleging that he lied to police about a racist and anti-gay attack that police say he staged himself. 
The saga began on January 30 last year when it emerged that Smollett claimed he had been the victim of a racist, anti-gay attack. 
At the time, it seemed he had been walking home from Subway in the middle of the night after returning home late on a delayed flight when he was approached. 
He told police afterwards his attackers identified him from the show he was on, Empire, and called him both the N-word and 'f****t'. 
He said they beat him, poured bleach on him then put a noose around his neck. 
Smollett went back to his apartment where his friend, Frank Gaston, was. It was Gaston who insisted they call police. 
When officers arrived, the actor refused to hand over his phone. 
He went to the hospital to be checked over but had no major injuries. 
The Chicago Police Department vowed to investigate the incident with all its might, and celebrities around the world rushed to share their support of Smollett. 
Smollet pictured suffering injuries to his face in the hospital after the alleged attack
Smollet pictured suffering injuries to his face in the hospital after the alleged attack 
Brothers Abel and Ola Osundairo say Smollett paid them to carry out the hoax attack
Brothers Abel and Ola Osundairo say Smollett paid them to carry out the hoax attack 
Surveillance footage from the night of the attack shows the two men Smollett said attacked him
Surveillance footage from the night of the attack shows the two men Smollett said attacked him 
He became a household name almost overnight. 
But as the police investigation progressed, leaks began from within the police department that all may not have been as it seemed. 
As the controversy grew, Smollett - determined to make his case - went on Good Morning America where he cried and insisted he was telling the truth. 
By then, Chicago PD had released grainy surveillance camera footage of two men walking near the scene of the incident itself which was among the only part of his journey not captured on Chicago's vast network of security cameras that night. 
Smollett unequivocally identified the two men in the grainy footage as his attackers. 
Neither their faces nor skin color could be made out in it. 
Unbeknownst to him while he was conducting his GMA interview, the Chicago PD was building a case against him. 
They had identified the people in the video as the Osundairo brothers and had backed-up their belief by tracking the pair's movements in the days and hours both before and after the incident.  
Smollett was eventually arrested and charged with suspicion of lying to police.   
The brothers flew to Nigeria within hours of the January 29 incident and missed the media storm which followed.
When they landed back in the US, police investigators were waiting to question them. 
After hours of secret interviews, they told cops that Smollett had paid them to carry out the attack as part of an elaborate hoax. 
Smollett was then arrested. 
In an extraordinary press conference afterwards, then police chief Eddie Gallagher accused him of inflaming race relations in Chicago and of wasting police time. 
He bellowed that Smollett had tried to leverage the 'attack' to get his bosses at Empire to pay him more. 
Despite police outrage, prosecutor Kim Foxx was quiet. 
The case then went to a grand jury which returned a stunning, 16-felony indictment that would have put Smollett behind bars for more than 50 years if he had been convicted. 
Smollett contends that early on January 29, 2019, he was walking home when two masked men approached him, made racist and homophobic insults, beat him and looped a noose around his neck before fleeing. He originally told his story on GMA
Smollett contends that early on January 29, 2019, he was walking home when two masked men approached him, made racist and homophobic insults, beat him and looped a noose around his neck before fleeing. He originally told his story on GMA
By then, Foxx had informally recused herself from the case. 
Her conflict of interest was that in the early days of the police investigation, she intervened at the request of Smollett's family and their friend - Time's Up CEO Tina Tchen - who wanted the FBI to take over the police investigation. 
Special Prosecutor Dan Webb was appointed in August to examine what occurred in the case
Special Prosecutor Dan Webb was appointed in August to examine what occurred in the case
They said they were worried by the number of leaks that had come from the Chicago PD and asked Foxx to help. She said she would try. 
After the grand jury indictment, the case stalled for a few weeks. 
Then, in March, Foxx's deputy Joseph Magats - who had taken over - announced the decision that the charges against Smollett had been dropped. 
Foxx had intervened again, it emerged, and pointed to what they called 'alternative prosecution' whereby Smollett, a first-time offender, was let off with a $10,000 bail forfeiture and community service. 
There was outrage and calls for Foxx to be investigated herself for prosecutorial misconduct. 
As judges and special prosecutors for that task were tossed around, the city came out swinging in civil court. They sued Smollett, asking him to reimburse them for all the money they said they'd wasted investigating what they believed were bogus claims. 
Smollett counter-sued, accusing the city and Eddie Gallagher of malicious prosecution. He lost his job on Empire and became a pariah in the showbiz world he was allegedly trying to ascend through. 
Webb was appointed in August to investigate why Foxx's office had dropped the charges. 
He himself faced criticism and claims of another conflict of interest when it emerged he had donated $1,000 to Foxx's re-election campaign once.  
This week, Mayor Lori Lightfoot said Smollett had to be prosecuted 'to the fullest extent of the law'. 
'He needs to face the charges. 
'He committed a crime, and he needs to be prosecuted to the fullest extent of the law, and we are going to continue to aggressively make him accountable for the wasted police resources that went into investigating what turned out to be a total hoax,' she said.

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