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Jussie Smollett found guilty of staging attack

Actor charged with orchestrating hate crime

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Jussie Smollett (Blade file Screenshot via YouTube)

The jury in the case of actor Jussie Smollett has reached a guilty verdict in his trial on five felony charges that he faked a hate crime and was responsible for orchestrating it in January 2019.

The jury deliberated for just over nine hours Wednesday and Thursday after the one week trial saw closing testimony and arguments Wednesday afternoon.

Smollett, 39, convicted on five counts of disorderly conduct, a class 4 felony, is facing potential sentencing of up to three years in prison. According to a Chicago criminal defense attorney speaking on background, he contended that based on his experience with the legal system in the Chicago court system, that the actor will likely be placed on probation and ordered to perform community service.

Smollett testifying in his own defence told the court that he was physically attacked around 2:30 a.m. on Jan. 29 by two men who hurled homophobic and racist slurs at him including the phrase ā€˜MAGA country,ā€ a reference to former president Trumpā€™s presidential campaign slogan.

The former ā€œEmpireā€ star was previously indicted by Cook County prosecutors in February 2019 after law enforcement authorities alleged he had conspired with two black friends to stage the attack because he was dissatisfied with his salary from the Fox series and wanted to generate publicity to boost his career. In March, the charges against him were dropped, with little explanation from prosecutors ā€“ though at the time, presiding Judge Michael Toomin suggested that he could be charged again.

The second indictment comes from special prosecutor Dan Webb, who was appointed to the case by Toomin after the initial charges were dropped. In a statement, Webb said that Smollett was charged with six felony counts of disorderly conduct, connected to four separate false reports that he gave to police in which he claimed to be a victim of a hate crime ā€œknowing that he was not the victim of a crime.ā€

After initially investigating the incident as a hate crime, Chicago detectives in their sworn affidavits and testimony noted that their investigation uncovered that Smollett paid brothers Olabinjo ā€œOlaā€ and Abimbola ā€œAbelā€ Osundairo, who are from Nigeria to stage the attack.

During their testimony last week, the Osundairo brothers told the court that the actor had recruited them to fake the attack near his home in downtown Chicago. They testified that Smollett who is openly gay and Black instructed them to put a noose around his neck, yell racist and homophobic slurs, and rough him up in view of a nearby surveillance camera.

Evidence presented by the prospectors showed the two brothers in a local retail store purchasing the rope and other items used to stage the attack that Chicago police determined the actor paid for.

On Wednesday, special prosecutor Dan Webb told the jury that Smollett caused Chicago police to spend enormous resources investigating what they believe was a fake crime the Associated Press reported.

ā€œBesides being against the law, it is just plain wrong to outright denigrate something as serious as a real hate crime and then make sure it involved words and symbols that have such historical significance in our country,ā€ Webb said.

Webb also cast doubts on Smollett’s integrity and credibility in his testimony telling jurors that the surveillance video from before the alleged attack and that later night contradicts key moments of Smollettā€™s account of the events.

Smollett’s defense attorney Nenye Uche disputed the Osundairo brothers testimony labeling them ā€œsophisticated liarsā€ who may have been motivated to attack the actor because of homophobia or because they wanted to be hired to work as his security. ā€œThese guys want to make money,ā€ he told the court.

The special prosecutor during the trial also took aim at the actor’s refusal to turn over his cellphone to investigators or give them a DNA sample or access to his medical records to help with the investigation. Smollett testified he doesnā€™t trust Chicago police, and that he was concerned about his privacy.

ā€œIf he was a true victim of a crime he would not be withholding evidence,ā€ Webb said.

Smollett’s defense attorney told the court that it was ā€œnonsenseā€ for police to ask the actor for his DNA when he was still considered the victim of a crime. He also noted Smollett later provided DNA to the FBI for a separate investigation into hate mail he had received at the studio for the ‘Empire’ shortly before the alleged attack. ā€œHe wasnā€™t hiding anything,ā€ Uche said.

The Chicago Tribune reported that Smollett remained stoic as the verdict was announced. He was found guilty on five of six counts. The first five counts related to Smollettā€™s conduct on the day of the incident, while the sixth related to his conversation with a police detective.

Cook County Circuit Judge James Linn set a Jan. 27 hearing date for motions in the case prior to the actor’s sentencing.

The actor’s lawyers said after the today’s verdict that they are set to file an appeal but his legal problems also extend to the city of Chicagoā€™s civil lawsuit against the ā€œEmpireā€ star demanding he repay the city $130,000 ā€” the cost of the police investigation into the incident he reported as an alleged hate crime.

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Federal Government

US Census Bureau testing survey on LGBTQ households

Agency proposing questions about sexual orientation and gender identity

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The U.S. Census Bureau headquarters in Suitland, Md. (Photo courtesy of the U.S. Census Bureau)

The U.S. Census BureauĀ is seeking public comment on a proposed test of sexual orientation and gender identity questions on the American Community Survey. The test would begin this summer and continue into next year.

The Census Bureau published the request as a Federal Register notice. In its press release the agency noted that the ACS is an ongoing survey that collects detailed housing and socioeconomic data. It allows the Census Bureau to provide timely and relevant housing and socioeconomic statistics, even for low levels of geography.

As part of the process for adding new questions to the ACS, the Census Bureau tests potential questions to evaluate the quality of the data collected.

The Census Bureau proposes testing questions about sexual orientation and gender identity to meet the needs of other federal agencies that have expressed interest in or have identified legal uses for the information, such as enforcing civil rights and equal employment measures.

The test would follow the protocols of the actual ACS ā€” with one person asked to respond to the survey on behalf of the entire household. These particular questions are asked about people 15 years of age or older. Households are invited to respond to the survey online, by paper questionnaire or by phone.

TheĀ current Federal Register noticeĀ gives the public a final opportunity to provide feedback before the Census Bureau submits its recommendations to the Office of Management and Budget for approval. The public may provide feedback through May 30Ā online.

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The White House

Judy Shepard to receive Presidential Medal of Freedom

Nancy Pelosi is also among this year’s honorees

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Activists Judy and Dennis Shepard speak at the NGLCC National Dinner at the National Building Museum on Friday, Nov. 18. (Washington Blade photo by Michael Key)

Beloved LGBTQ advocate Judy Shepard is among the 19 honorees who will receive the Presidential Medal of Freedom, the highest civilian award in the U.S., the White House announced on Friday.

The mother of Matthew Shepard, who was killed in 1998 in the country’s most notorious anti-gay hate crime, she co-founded the Matthew Shepard Foundation with her husband Dennis to raise awareness about anti-LGBTQ violence.

The organization runs education, outreach, and advocacy programs, many focused on schools.

In a statement shared via the Human Rights Campaign, Shepard said, ā€œThis unexpected honor has been very humbling for me, Dennis, and our family. What makes us proud is knowing our President and our nation share our lifelong commitment to making this world a safer, more loving, more respectful, and more peaceful place for everyone.

ā€œI am grateful to everyone whose love and support for our work through the years has sustained me.

ā€œIf I had the power to change one thing, I can only dream of the example that Mattā€™s life and purpose would have shown, had he lived. This honor reminds the world that his life, and every life, is precious.”

Shepard was instrumental in working with then-President Barack Obama for passage of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act in 2009, which was led in the House by then-Speaker Nancy Pelosi (D-Calif.), who will also be honored with a Presidential Medal of Freedom during the ceremony on Friday.

Also in 2009, Shepard published a memoir, “The Meaning of Matthew: My Son’s Murder in Laramie, and a World Transformed,” and was honored with theĀ Black Tie Dinner Elizabeth Birch Equality Award.

“Judy Shepard has been a champion for equality and President Bidenā€™s choice to honor her with the Presidential Medal of Freedom is a testament to what sheā€™s done to be a force of good in the world,” HRC President Kelley Robinson said in a statement.

“A mother who turned unspeakable grief over the loss of her son into a decades-long fight against anti-LGBTQ+ hatred and violence, Judy continues to make a lasting impact in the lives of the LGBTQ+ community,” she said. Ā 

“It is because of her advocacy that the first federal hate crimes legislation became law and that countless life-saving trainings, resources and conversations about equality and acceptance are provided each year by the Matthew Shepard Foundation,” Robinson said. “We are honored that Judy is a member of the HRC family and know that her work to create a more inclusive and just world will only continue.”

Other awardees who will be honored by the White House this year are: Actor Michelle Yeoh, entrepreneur and former New York Mayor Michael Bloomberg, Jesuit Catholic priest Gregory Boyle, Assistant House Democratic Leader Jim Clyburn (D-S.C.), former Labor and Education Secretary and former U.S. Sen. Elizabeth Dole (R-N.C.), journalist and former daytime talkshow host Phil Donahue, World War II veteran and civil rights activist Medgar Evers (posthumous), former Vice President Al Gore, civil rights activist and lawyer Clarence B. Jones, former Secretary of State and U.S. Sen. John Kerry (D-Mass.), former U.S. Sen. Frank Lautenberg (D-N.J.) (posthumous), Olympic swimmer Katie Ledecky, educator and activist Opal Lee, astronaut and former director of NASA’s Johnson Space Center Ellen Ochoa, astronomer Jane Rigby, United Farm Workers President Teresa Romero, and Olympic athlete Jim Thorpe (posthumous).

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National

United Methodist Church removes 40-year ban on gay clergy

Delegates also voted for other LGBTQ-inclusive measures

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Underground Railroad, Black History Month, gay news, Washington Blade
Mount Zion United Methodist Church is the oldest African-American church in Washington. (Washington Blade photo by Michael Key)

The United Methodist Church on Wednesday removed a ban on gay clergy that was in place for more than 40 years, voting to also allow LGBTQ weddings and end prohibitions on the use of United Methodist funds to ā€œpromote acceptance of homosexuality.ā€ 

Overturning the policy forbidding the church from ordaining ā€œself-avowed practicing homosexualsā€ effectively formalized a practice that had caused an estimated quarter of U.S. congregations to leave the church.

The New York Times notes additional votes “affirming L.G.B.T.Q. inclusion in the church are expected before the meeting adjourns on Friday.” Wednesday’s measures were passed overwhelmingly and without debate. Delegates met in Charlotte, N.C.

According to the church’s General Council on Finance and Administration, there were 5,424,175 members in the U.S. in 2022 with an estimated global membership approaching 10 million.

The Times notes that other matters of business last week included a “regionalization” plan, which gave autonomy to different regions such that they can establish their own rules on matters including issues of sexuality ā€” about which international factions are likelier to have more conservative views.

Rev. Kipp Nelson of St. Johns’s on the Lake Methodist Church in Miami shared a statement praising the new developments:

ā€œIt is a glorious day in the United Methodist Church. As a worldwide denomination, we have now publicly proclaimed the boundless love of God and finally slung open the doors of our church so that all people, no matter their identities or orientations, may pursue the calling of their hearts.

“Truly, all are loved and belong here among us. I am honored to serve as a pastor in the United Methodist Church for such a time as this, for our future is bright and filled with hope. Praise be, praise be.ā€

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