Yesterday, we reported that the brothers who allegedly attacked disgraced “Empire” star Jussie Smollett were refusing to testify against him because they believed police were withholding evidence they had seized from their home. Now, however, they have changed their minds and announced that they will testify against Smollett after all.

Brothers Abel and Ola Osundario have long claimed that in January of 2019, Smollett paid them $3,500 to jump him on a street in Chicago, Illinois while hurling racist and homophobic slurs at him in the hopes of raising his profile so that he could secure a pay raise on his show.

“Yesterday’s decision to voluntarily stop cooperating in the prosecution of Jussie Smollett has nothing to do with the veracity of the statements made to police and prosecutors by Abimnola (‘Abel’) and Olabinjo (‘Ola’) Osundairo,” their attorney Gloria Schmidt Rodriguez told Fox News. “The brothers have consistently stood by their statements and testimony and continue to tell the truth about their involvement.”

She went on to explain that the brothers decided to “cease voluntary cooperation” after a “properly registered 9mm handgun” seized by the Chicago Police Department in February 2019 was not returned to them. This missing gun as well as “the unnecessary complication brought to this situation by CPD’s Corporate Counsel in treating them like suspects” was the reason behind them saying they would not testify.

However, Rodriguez said that the Osundairos will “recommence their cooperation in the Smollett case now that the handgun has been produced.”

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Smollett was initially hit with many charges last year related to him allegedly staging a hate crime against himself, but all of these charges were inexplicably dropped. Special prosecutor Dan Webb was then brought in to look over the case, and he decide to hit Smollett with six charges earlier this year, with the actor pleading not guilty to all of them.

Earlier this month, Smollett got bad news when a judge tossed out his attempts to have the new charges dismissed because of double jeopardy laws, which state that a person can’t be tried for the same crime twice. Cook County Judge James Linn ended up ruling that these laws do not come into play in this case.

“There was no trial in this case, there was no jury empaneled, no witnesses were sworn, no evidence was heard, no guilty pleas were ever entered … nothing like that ever happened,” Judge Linn said of last year’s case. “There was no adjudication of this case.”

This piece originally appeared in and is used by permission.

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