Smollett Can Be Represented By Chosen Lawyer, With Limits: Ruling

CHICAGO — Chicago-based defense attorney Nenye Uche will be allowed to represent former "Empire" actor Jussie Smollett after months of debate over Uche's alleged conflict of interest with two of the witnesses in the case.

Uche will not be allowed to question Abimbola and Olabinjo Osundairo, the brothers who said they were hired by Smollett to stage a fake attack on the actor in 2019. The Osundairo brothers told Special Prosecutor Dan Webb that Uche had spoken with them before the trial.

Evidence presented at a hearing in early July showed that Uche spoke to both brothers and their mother about representing them in the case, but Judge James Linn wrote in his ruling Friday the conversation was "neither improper, unethical or unusual."

Linn's ruling also states that, despite Uche not officially developing attorney-client privilege with the brothers, he will not be able to cross-examine them if the case makes it to trial because Uche discussed the brothers' handling of the media, search warrants and a $3,500 check with them.

The siblings' mother, Ola Osundario, reached out to Uche while the family was staying at a South Loop hotel in an effort to avoid reporters and potential harm, court records show.

Gloria Schmidt-Rodriguez continues to represent the brothers.

"The Court firmly believes that the interest of Mr. Smollett to have the lawyer of his choice when his liberty is at stake outweighs any other valid and good faith concerns of the [Office of the Special Prosecutor] and the Osundario family witnesses," Linn wrote.

However, Linn said he was originally skeptical of Smollett's choice, given the many other defense lawyers in the city who had not spoken with the witnesses.

"An obvious question that gives pause to this matter," Linn wrote, "how out of all the lawyers in America ... that Mr. Smollett might have chosen he identified Attorney Uche over everyone else is acknowledged but will otherwise not be addressed."

The judge said further inquiry into Smollett's choosing of Uche would further impede the already yearslong case.