Former prosecutor can represent Jussie Smollett but can’t question Osundairo brothers: Judge – Chicago Sun-Times
“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.
Among the lawyers Ola Osundario reached out to was Gloria Schmidt-Rodriguez, who arrived at the police station first and was already representing the brothers by the time Uche and another attorney, Shay Allen, arrived, according to the ruling.
“Mr. Uche and Mr. Allen then left the police station without an attorney-client relationship having been formed,” Linn wrote.
During their stay at the hotel, the brothers’ relatives, including their mother, reached out to them and Uche.
Uche was never paid and no contracts were signed, but at that point, the “threshold criteria for an attorney-client relationship had been met,” Linn wrote.
The judge said he was balancing that with the fact that “the only person whose liberty is at stake in this matter is the defendant Mr. Smollett.”
That question “is acknowledged but will otherwise not be addressed,” Linn said in his ruling, adding that further inquiry would slow the case’s movement toward its conclusion and “would not be in the interest of justice.”
“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.
