During the trial that started last Monday, what emerged was the story of a television star who cast two brothers as his attackers, gave them dialogue to recite, and paid for the rope he told them to fashion into a noose and loop around his neck.
“The jurors might be thinking, ‘Who does this guy think he is, not getting up and telling his story?'” said Terry Ekl, a prominent Chicago-area defense attorney not involved in the case.
As to the importance of a defendant testifying, legal experts said one need look no further than the recent trial in Kenosha, Wisconsin, whereafter he testified that he fatally shot two men and wounded another because he feared for his own life. In Smollett's case, it may be important for him to testify because, as bizarre as the brothers' testimony was, they are the only witnesses to the incident who have testified. And, said Chicago-based defense attorney, Joe Lopez, Smollett's attorneys “haven't been able to impeach these brothers.
“He has the ability to communicate he thinks he can take the witness stand and play a role,” said Ekl.
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