Chicago police release 2 men questioned in Smollett case

February 16, 2019 at 3:00 a.m. | Updated February 16, 2019 at 12:28 a.m.

by Associated Press

In this May 20, 2016, file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. Smollett, who alleges he was the victim of a brutal racial and homophobic attack, is a former child star who grew up to become a champion of LGBT rights and one of the few actors to play a black gay character on primetime TV. His breakthrough came aboard the hip-hop drama "Empire," playing Jamal Lyon, a talented R&B singer struggling to earn his father's approval and find his place in his dad's music empire. It became one of the biggest network shows to star a gay black character. (Photo by Richard Shotwell/Invision/AP, File)
In this May 20, 2016, file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. Smollett, who alleges he was the victim of a brutal racial and homophobic attack, is a former child star who grew up to become a champion of LGBT rights and one of the few actors to play a black gay character on primetime TV. His breakthrough came aboard the hip-hop drama "Empire," playing Jamal Lyon, a talented R&B singer struggling to earn his father's approval and find his place in his dad's music empire. It became one of the biggest network shows to star a gay black character. (Photo by Richard Shotwell/Invision/AP, File)

CHICAGO (AP) - Chicago police late Friday released without charges two Nigerian brothers arrested on suspicion of assaulting "Empire" actor Jussie Smollett and said they have new evidence to investigate as a result of questioning them.

"The individuals questioned by police in the Empire case have now been released without charging and detectives have additional investigative work to complete," Chicago police spokesman Anthony Guglielmi said in a brief statement.

He gave no details of the new evidence.

Smollett, who is black and gay, has said two masked men shouting racial and anti-gay slurs and "This is MAGA country!" beat him and looped a rope around his neck early on Jan. 29 before running away. He said they also poured some kind of chemical on him.

Smollett, 36, said he was out getting food at a Subway sandwich shop in downtown Chicago when the attack happened.

The two men detained, identified only as Nigerian brothers, were picked up at Chicago's O'Hare Airport on Wednesday on their return from Nigeria after police learned at least one worked on "Empire," Guglielmi said earlier. He said he did not know what the man's job was.

Guglielmi earlier also said police searched the Chicago apartment where the men lived. But he said he had no information on what was found.

Police earlier this week said there was "no evidence to say that this is a hoax" and that Smollett "continues to be treated by police as a victim, not a suspect."

Smollett, 36, has said he was attacked while out getting food at a Subway sandwich shop in downtown Chicago.

Police have said they found no surveillance video of an attack but continue to look. He said police also are contacting stores in the hope of finding out who bought the rope that was around Smollett's neck.

In an interview with ABC News, the singer and actor said he didn't remove the rope from around his neck before police arrived "because I wanted them to see."

Smollett also said he initially refused to give police his cellphone because the device contained private content and phone numbers. He later gave detectives heavily redacted phone records that police have said are insufficient for an investigation.

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