Defamation suit by brothers in Smollett case can go forward

Judge’s ruling centers on comments Tina Glandian made in 2019 saying the Osundairo brothers wore “whiteface”

A judge in Chicago has ruled that an attorney for Jussie Smollett might have defamed two Black brothers who testified that they participated in a fake racist and homophobic attack on the actor when she suggested they had been wearing “whiteface.”

The Chicago Tribune reported that U.S. District Judge Mary Rowland’s ruling centers on comments Tina Glandian made on NBC’s Today show in March 2019, shortly after the Cook County State’s Attorney announced it was dropping charges accusing Smollett of lying to police about the incident two months earlier.

Discussing how Smollett had told police that one of his attackers was white, Glandian said the very dark-skinned brothers might have “put makeup on” to disguise their color. Further, she criticized Chicago police for their alleged failure to investigate an online video showing one of the brothers “in whiteface doing a joke monologue with white makeup on.”

Tina Glandian, attorney for actor Jussie Smollett, speaks at his sentencing hearing, Thursday, March 10, 2022 at the Leighton Criminal Court Building in Chicago. (Brian Cassella/Chicago Tribune via AP, Pool File)

Abimbola and Olabinjo Osundairo filed a defamation lawsuit, alleging that the comments were part of an effort to portray them as racist, homophobic and violent men who truly attacked Smollett.

In the ruling made public Friday, Rowland suggested that Glandian’s comments could be seen as defamatory, an apparent attempt by the lawyer to “dispel the inconsistency in Smollett’s story (the attackers had light skin) and bolster her contention that the plaintiffs (who are not light skinned) were Smollett’s attackers.”

“Taken in context, Glandian was asserting plaintiffs’ involvement in a racially motivated attack,” Rowland wrote. “Explaining that the attackers were white, read in context, adds the implication that the attack was a hate crime.”

Rowland dismissed the other counts against the law firm where Glandian works, Geragos & Geragos.

”They look forward to their day in court and will continue defending themselves against other defamatory remarks,” the brothers’ attorney, Gloria Rodriguez, told the Chicago Tribune.

Brothers Olabinjo Osundairo, right, and Abimbola Osundairo, appear outside the Leighton Criminal Courthouse in Chicago, Feb. 24, 2020. (AP Photo/Charles Rex Arbogast, File)

Glandian filed a malicious prosecution lawsuit against the brothers on Thursday, contending the lawsuit was a “lawyer-driven publicity stunt designed to try to keep the Osundairo brothers relevant.”

“We are confident that the single remaining allegation reflecting Ms. Glandian’s opinion will be dismissed in due course,” her attorney, Brendan Healey, said in a statement.

The ruling is the latest legal twist in a story that has been chock full of them. It started with a search for attackers that turned into an investigation of Smollett and felony charges against the actor for allegedly lying to police. Authorities said he hired the brothers to carry out a fake attack.

Just last week, three months after a jury found him guilty of felony disorderly conduct, a judge sentenced the actor to 150 days in jail. Smollett was six days into his sentence on Wednesday when an appeals court ordered his release from custody pending an appeal of his conviction and sentence.

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