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Former television star Jussie Smollett is finally facing trial for his alleged pre-planned hate crime hoax and his attorney, Tamara Walker, resorted to theatrics similar to her client’s in her defense of Smollett Thursday when she motioned for a mistrial.
Walker used time during courtroom proceedings to try to prove that brothers Abel and Ola Osundairo, the alleged attackers in the 2019 pre-meditated disaster, are homophobic by going through text messages one of them sent that reportedly used the slurs “fruit” and “gaylord.”
Proceedings went from bad to worse for Smollett’s defense when Judge James Linn, unamused, warned Walker that she was getting into something “collateral.”
Jurors now seeing the text exchange in which Ola refers to someone as “a fruit” and “gaylord.”
Walker: “Was it a compliment to say ‘dude ass a fruit’?”
Ola: “I wasn’t trying to compliment him at that moment, no … I was upset.”
— Megan Crepeau (@crepeau) December 2, 2021
Judge Linn tries to hustle things along, saying Walker is getting into something “collateral”
She asks for a sidebar, the jury is sent out of the room, and she asks for a mistrial — in part because of the “collateral” comment
— Megan Crepeau (@crepeau) December 2, 2021
The defense attorney asked for a sidebar following the judge’s comment, and once the jury cleared the room, she asked for a mistrial. Walker cited the judge’s “collateral” comment.
Judge Linn was “outraged,” according to Fox News correspondent Matt Finn, who was live-tweeting from the courtroom.
“Smollett attorney alleging judge Linn was being dismissive of some defense questions to an Osundairo brother, also alleging judge making snarling faces at defense team,” Finn reported.
Walker’s accusations continued when it became clear that the judge was not going to grant a mistrial. In a desperate attempt the recoup control of the situation, she accused the judge of lunging at her saying, “You did physically lunge at me.”
Fireworks in Smollett courtroom.
Smollett attorney mentions a mistrial to judge in sidebar— judge outraged.
Smollett attorney alleging judge Linn was being dismissive of some defense questions to an Osundairo brother, also alleging judge making snarling faces at defense team.— Matt Finn (@MattFinnFNC) December 2, 2021
Walker is also saying that Linn lunged at her during a sidebar: “You did physically lunge at me.”
Linn seems furious and is denying it outright.
— Megan Crepeau (@crepeau) December 2, 2021
Judge Linn was not amused by Team Smollett’s antics, saying he merely stood up and Smollett’s defense attorney was asked to compose herself.
Chaos reportedly ensued, according to Chicago Tribune criminal reporter Megan Crepeau:
chaos
— Megan Crepeau (@crepeau) December 2, 2021
Lots of cross-talk and people interrupting each other and high emotions. But essentially: Linn is denying the motion for a mistrial, is denying he lunged at anyone.
— Megan Crepeau (@crepeau) December 2, 2021
Defense saying that demonstrating Ola’s homophobia is central to their case and Linn shouldn’t have called it “collateral” in front of jurors — they repeatedly asked for mistrial
— Megan Crepeau (@crepeau) December 2, 2021
Defense attorney also says on the record that Linn is pulling nasty faces on the bench “anytime objections from the opposing counsel are sustained.”
“I noticed snarls multiple times,” she says.
— Megan Crepeau (@crepeau) December 2, 2021
^ the above was from attorney Heather Widell, not Walker, for the record
— Megan Crepeau (@crepeau) December 2, 2021
Linn is denying he made faces, denying he lunged at anyone, and definitely denying the motion for a mistrial. He was about to bring the jury back into the room but instead they’re taking a bit of a recess.
— Megan Crepeau (@crepeau) December 2, 2021
(I don’t have a great view of the bench or the sidebars so I can’t speak to what may have happened here.)
— Megan Crepeau (@crepeau) December 2, 2021
Twitter users were not impressed by Walker’s theatrical argument:
I practiced law for 35 years. Most Judges just look like that.
— Devil Dog Guns (@DevilDogGuns) December 2, 2021
Dems & dem attorneys use intimidation, lies & bullying to get their way. It won’t work with a judge, but that’s all they’ve got. I expect he’ll stand strong. And I hope the supreme court does as well with the abortion case.
— Taft Johnson (@tmck39042) December 2, 2021
A wise man once said, “When the facts are on your side, pound the facts. When the law is on your side, pound the law. When neither is on your side, pound the table.”
— Enough is Enough (@SilverLining365) December 2, 2021
The theatrics at an attempt to get a mistrial is insane. Reprimand the lawyer!!!!
— Mrs. Right (@me_infj) December 2, 2021
Ahh the old the judge was mean to me mistrial. Law school 101 😂
— BUFFs and Bourbon (@frank_talon) December 3, 2021
I can see the CNN Headlines now: Judge attacks Smollett’s lawyer with a noose and bleach, yells MAGA COUNTRY B***
— IronRiderTim (@IronRiderTim1) December 2, 2021
So his lawyer is as unhinged as he is? Got it
— IronRiderTim (@IronRiderTim1) December 2, 2021
The best the defense has is to push the judges buttons, try to force him to over react and push for a mistrial.
— Robert (@GoodManOnceSaid) December 3, 2021
Smollett’s trial has not been going well for him. He faces six counts of disorderly conduct and filing a false report. He could face up to three years for making false statements to the police.
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