Lawyers for Jussie Smollett make heated demand for more information on claim one of them should be disqualified | Govt-and-politics | qctimes.com
The heart of the dispute was whether special prosecutors handling the Smollett case have given the defense enough specifics to prepare for a future hearing on whether Uche talked about the case early on with a pair of brothers who are now expected to be key witnesses against Smollett.
What was expected to be a routine hearing in the Jussie Smollett case grew heated Tuesday as the actor’s attorneys accused prosecutors of withholding information about their allegations that one of the defense lawyers has a conflict of interest and should be disqualified.
The heart of the dispute was whether special prosecutors handling the Smollett case have given the defense enough specifics to prepare for a future hearing on whether Uche talked about the case early on with a pair of brothers who are now expected to be key witnesses against Smollett.
For nearly an hour, prosecutors and Smollett’s defense attorneys talked over each other, some with raised voices, and spoke up to defend themselves and each other against what they saw as personal attacks.
Prosecutors’ filings about the specifics of their accusations have not been made public. But from the bench Tuesday, Linn said that prosecutors allege Uche spoke with the brothers about a few key moments early in the case. Among them: whether to turn over a check to Chicago police — likely the personal check Smollett allegedly used to pay them for their help — and whether to insist upon immunity before talking further with authorities.
But Smollett’s defense team said it wanted more specifics about what was actually said.
At that point, prosecutor Samuel Mendenhall said they did not have those specific statements, since the brothers have not waived their right to attorney-client privilege.
“Then why are we here?” defense attorney Ricky Granderson said.
Linn said he would continue with scheduling the hearing, but warned that “if you’re telling me I’m going to be left with vague generalities I’m going to have a difficult time.”
“This is the first time we’re hearing (the attorney-client privilege claim) and that’s humongous,” Smollett attorney Shay Allen said.
“Any court is going to make a decision based on the facts they get,” Linn said.
Linn instructed the attorneys to come back Monday to formally set a date for the hearing on Uche’s alleged conflict of interest, which will be held away from public view.
