Jussie Smollett believes the grand jury testimony of the Osundairo brothers reveals "inconsistencies" in their story and he wants it released to the public.
According to court documents obtained by The Blast, Smollett filed a motion to disclose the transcripts of their grand jury testimony.
Smollett claims he needs to be able to use their testimony in his legal defense because "other than the Osundairo brothers' self-serving statements which resulted in their release from custody with no criminal charges being filed against them, not a single piece of evidence independently corroborates their claim that the attack was a hoax."
His attorneys, from the firm Geragos & Geragos, write, "Now, in the face of ongoing investigations into this matter and two related pending civil lawsuits, Mr. Smollett is requesting that the Court allow the immediate public disclosure of the transcripts of the grand jury testimony of Abimbola and Olabinjo Osundairo so Mr. Smollett can defend against this ongoing media onslaught against him and the public can be informed of the actual evidence in this case."
He claims the police have not released the videos of the interviews done with Osundairo brothers on February 15, 2019 while they were in custody. As a result he believes the "public disclosure of the grand jury transcripts of the Osundairo brothers' testimony is therefore necessary to level the playing field and inform the public of the actual evidence in this case."
Smollett's attorneys believe the brothers "should not be able to use the media to advance their narrative on the one hand, but on the other hand, shield from the public statements they gave under oath to the grand jury."
Smollett says he "is in possession of the grand jury transcripts in question, which show inconsistencies between the Osundairo brothers' testimony under oath and public statements made about this matter, as well as certain other evidence that has now been publicly disclosed."
His attorneys argue that Smollett has "demonstrated a sufficiently particularized and compelling need for disclosure because the Osundairo brothers' grand jury testimony is material and necessary to the ongoing investigation of this matter as well as to two pending civil lawsuits, one of which was brought by the Osundairo brothers themselves."
Smollett is also asking the court to reconsider the appointment of a special prosecutor to review the handling of his case.
His attorneys argue, "This case has been a travesty of justice and an unprecedented deprivation of Mr. Smollett's constitutional rights, including the presumption of innocence and right to a fair trial. Not only have the media and the public failed to critically look at the evidence (and lack thereof) against Mr. Smollett, but now, the court has accepted false media reports to presume Mr. Smollett guilty of charges which he pled not guilty to and which were dismissed against him."
If the court does not grant his request, he instead wants the court to "clarify that the special prosecutor may investigate and prosecute potential misconduct only, and may not further prosecute Mr. Smollett for the charges that were previously brought and dismissed against him."