Per Breitbart News “the judge in the Jussie Smollett trial has denied a motion for a mistrial after the defense claimed they were not able to properly cross-examine one of the accused Osundairo brothers.”
The report adds “The case seeks to determine whether Smollett, a gay, black man, lied to police in 2019 when he said he was the victim of an alleged hate crime attack in Chicago in January of that year.
Prosecutors allege the disgraced actor paid $3,500 to two brothers, Abimbola and Olabinjo Osundairo, to stage the attack, though Smollett vehemently denies such charges.”
Thursday, Lawyers for Smollett called for a mistrial after a judge called their evidence irrelevant and they claimed he “physically lunged” at Smollett’s attorney, Tamara Walker
Per the NY Post:
The odd fracas came in the midst of the defense’s cross-examination of Olabinjo Osundairo, who claims he was paid to help Smollett stage the hate crime, as attorney Tamara Walker grilled him about his alleged homophobia and past derogatory remarks toward suspected gay men.
Osundairo, 30, had just acknowledged he used the word “fruity ass” to refer to a man he suspected was gay and Walker asked if Smollett, who is openly gay, knew he’d said such things in the past.
Judge James Linn called the line of questioning “collateral” in front of the jury, indicating it didn’t have any relevance to the crime Smollett’s on trial for because it was from a past event, prompting Walker to ask for a sidebar.
While the attorneys were conferring with Linn, Walker claimed he “physically lunged” at her when she presented the motion for a mistrial, a claim the justice vigorously denied and which was not witnessed by The Post.
Judge Linn was not impressed and said “When you said the word mistrial on these grounds, frankly I was stunned you’d even consider a mistrial based on this,” Linn said.