The brothers accused of helping stage a racist and homophobic attack in January 2019 against former Empire star Jussie Smollett are no longer cooperating with prosecutors. Abel Osundairo told CBS 2 Chicago that he and his brother, Ola, will not testify against Smollett. He said he took that position after items collected from his apartment, including a nine-millimeter gun inside a safe have not been returned. The brother’s lawyer has filed a motion with a judge for their belongings to be returned. More than a week ago, a judge ruled the latest criminal case against Smollett did not constitute double jeopardy. The actor was accused of making a false report to Chicago police and was indicted in March of last year on 16 counts of disorderly conduct. Weeks later, the state’s attorney’s office dropped the charges, then a year later Smollett was indicted again by Special Prosecutor Dan Webb.