Two brothers who say Jussie Smollett hired them to stage a hoax attack are seen purchasing a red hat in new video obtained by CBS News. Abel Osundairo, 27, and Ola Osundairo, 25, told Chicago police they were hired by the Empire actor to fake a racial, homophobic attack by Trump supporters.
In the video, the men are seen at a checkout counter purchasing supplies including a red hat, gloves and black ski masks a day before the alleged attack. Smollett, 36, told police two white men wearing red hats attacked him outside his high-rise apartment building in Chicago on Jan. 29.
Chicago police say Smollett is now considered a suspect and his arrest is imminent for filing a false police report - a Class 4 felony in Illinois.
Investigators were suspicious of Smollett from the beginning. According to ABC News, the Federal Bureau of Investigations are looking into reports the actor sent a threatening letter containing a powdery substance to himself a week before he was allegedly attacked.
The FBI and the U.S. Postal Inspection Service responded to Fox TV studios in Chicago after a postal service worker dropped off the letter.
The envelope contained a note with letters cut out from a magazine to spell out the words "You will die black f*g", and was sent on January 22, 2019.
The letter was dusted with a white powder that was determined to be a crushed pain pill.
Just eight days later, Smollett told Chicago police officers that two men beat him up, tied a rope noose around his neck and poured a bleach-like liquid over him.
The Osundairo brothers were arrested last week and released 2 days later without charges.
The brothers were scheduled to testify before a grand jury on Wednesday. But a last-minute phone call from Smollett's lawyers to a Cook County prosecutor delayed the grand jury for a few hours.
According to CBS, Smollett's lawyers called the prosecutor to say he agreed to sit down for an interview.
CBS reported late Wednesday that the brothers were spotted entering the grand jury chambers to testify against Smollett after the postponement.
ABC 7 reports the FBI obtained warrants for Smollett's financial and phone records and an arrest is imminent.
Smollett will be charged with a Class 4 felony which carries a 1-3 year prison sentence. He faces even more prison time if the feds determine he sent the threatening letter to himself.
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