Jussie Smollett may have to testify to convince the jury of his case, legal experts say

After two brothers spent hours telling a jury how Jussie Smollett paid them to carry out a fake racist and anti-gay attack on himself in downtown Chicago, the big question when the actor's trial resumes Monday will be whether or not he will tell his side of the story.

The reasons why Smollett might want to testify begin with just how bizarre the case is. 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.

As strange as that sounds, it is the only narrative that has come to the jury from the siblings, Abimbola and Olabinjo Osundairo. And some legal experts say the only chance Smollett has of beating charges that he lied to the police is by telling jurors his version of what happened on Jan. 29, 2019.

"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.