this is "nightline." tonight jussie smollett charged. the empire actor who claimed he was attacked. >> how do you not believe that? it's the truth. >> now facing a felony criminal charge minimhimself. and the new video of the two brothers at the center of this case. the suspicious items they bought. plus, roma, the stars of the unlikely oscar contender. the boast picture to beat. how this film give the voice to the millions of people often working in the shadows. and jump for joy. the heartwarming video bouncing throughout internet. the boy who doesn't let his physical limitations hold him

down. but first, the "nightline" five. five. number

good evening. thanks for joining us. tonight, chicago police say he made it all up. esi amatic turn of e smollett, now aoarnd myuestns.

c'sh the latest twist in this fast-moving story. >> reporter: tonight, new video showing the brothers accused of attacking jussie smollett in a hate crime buying supplies in what they claim was a staged attack. >> did you guys get any money from jussie at this point? >> they did. was it $3500? it's not fitting the narrative out there right now. >> reporter: this as police say tonight smollett is a suspect and now charged with a felony for filing a false police report. it's taken three weeks full of shocking twists and turns for smollett's story to apparently fall apart. >> it became clear over the last few weeks that the police had questions about his story. and, as time passed, it became clearer and clearer that they simply didn't believe him. >> reporter: that new store surveillance video showing the

brothe brothers standing at the counter buying items allegedly used in the attack, including black masks and a red hat. they gave hours of testimony to a grand jury. >> when i say that the police spent countless man hours trying to piece this together, i mean that. i absolutely mean that. when i say that my clients spent countless hours getting their story out there to the police so that they could do their work. >> are they expecting charges? >> on who? >> on, against them, the two gentleman you represent? >> at this time, no. because they're not guilty of anything. >> jussie smollett says they're lying, what do you say to that? >> i think jussie smollett should come clear, because the truth will set him free. >> what truth will set him prfr? >> i think jussie's conscience is probably not letting him sleep right now. >> i think if prosecutors and

the police believe that they're being fully cooperative, they won't be charged with anything. rememb >> reporter: three weeks ago, smollett said he was walking home from a subway restaurant when he was attacked, describing that moment to abc news. >> i was crossing the intersection. i heard "empire." and i don't answer to empire. i kept walking and then i heard empire [ bleep ], mr. and i sa and i said what did you say to me? and i turned around and saw the attacker masked. and he said "this maga country" punched me right in the face. so i punched the [ bleep ] right back. we started tussling. there was another person kicking me in my back. and then it just stopped. and they ran off.

it felt like minutes, but it probably was like 30 seconds, honestly. i can't tell you honestly. i noticed the rope around my neck and i started scream beiin there's a rope around my neck. they put a [ bleep ] rope around neck. >> reporter: authorities identified the men and arrested them at o'hare. they knew smollett, one even appeared as an extra on "empire." >> if there's any justice we'll have that conversation. >> reporter: smollett stars on the show as an openly-gay singer. smollett's attorney reacted to the identity of the two, acknowledging that the actor knew them and acknowledging that he did some training with them. but he maintains the attack was

real and the 36-year-old was a victim. >> it's the truth. >> reporter: they said publicly they were investigating whether the attack happened at all, after days of pressing smollett for a followup interview, today police issued this stark warning. we got information. and that's what we want to run by him. if the opportunity is not taken to come in, we're going to go with other methods. at the same time, a grand jury was hearing testimony. >> in the scheme of crimes, it's not one of the most serious on the books. as a result, what they're saying is, look, turn yourself in. let's deal with the arrest. you're going to get out. and then we're going to go from there. >> reporter: every angle of the case remains under active investigation, including the

letter sent to smollett prior to the alleged crime. >> it had a stick figure hanging from a tree with a gun pointed at it. and the return address, there was no return address but it said in big red caps, maga. >> reporter: sorurces confirm that the fbi is look into whether he sent the letter to himself. >> he could face a charge if it turns out they believe he sent that threatening letter in the mail to himself. but, for now, this is a state charge. >> reporter: these latest developments creating questions on how this will affect smollett's role on his hit show. 20th century fox television and fox entertainment stating jussie smollett continues to be a consummate professional on set and as we have previously state, he is not being written out of

the show. smollett has allegedly tangled with the law in the past. he was accused of impersonating his brother by using his name during a traffic stop when he was suspected of driving under the influence. he reportedly pleaded no contest to reduced charges and completed an alcohol treatment program. now more than a decade later he is charged with a much more serious offense and chicago police say detectives have been in touch with his legal team to negotiate a respectful surrender. >> it's basically filing a false police report. if you call and reach out to the police and file a report, knowing that it's not true, that's a felony in the state of illinois, punishable by up to three years in prison. >> reporter: tonight smollett's legal team putting out a

statement saying, quote, like any other citizen, mr. smollett enjoys the presumption of innocence, particularly in a case like this one where information true and false has been leaked. we plan to launch an investigation and mount an aggressive defense. >> i will never be the man this did not happen to. i am forever changed. >> reporter: a bond hearing has been scheduled for tomorrow afternoon. eva pilgrim in chicago. >> our thanks to eva pilgrim who will have the latist est on gma tomorrow. up next, roma, breaking barriers on and offer the screen. screen. [ meowing ] mittens! make it rain. [ cheering ] [ singing opera ] change the music. ♪ when i move, you move beep. beep. use the rocket. [ sputtering ]

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it's a surprising academy awards contender that paints a portrait of the unsung heroes of so many households. the film "roma" pays tribute to the nanny who hers is the cinderella story of this oscar season. the 25-year-old teacher who auditioned for "roma" on a whim is now the first indigenous mexican woman ever nominated for an academy award for best actress. >> translator: there was a

controversy years ago called "oscar so white." what do you think about that now? [ speaking in foreign language ] >> reporter: she is the unlikely star of an unlikely oscar juggernaut, with ten nominations in all. "roma." hailed by critics as a masterpiece by the director, shot in black and white, largely in spanish. a story centered on a housekeeper and nanny named cleo, and the wrenching ups and downs inside her world. i read that you got scripts day to day. >> translator: yes, it's true. when alfonso inyieted vited us

film, he said we're going to work together a lot but in a different way. there is a script that you will never read. so i just ask you to vinsurrend to this process, and that's what we did. sometimes they would give us the lines, but we would never read what the other character would say, or maybe it said something else that was less shocking, maybe. [ speak beiing foreign languagen >> like, for example, when she tells me that she's pregnant, what i read was she had ebroken something from the living room. >> reporter: so when she surprised you with the line that she's pregnant, she's really surprising you. >> yeah. >> reporter: in "roma", cleo serves as the second mother to three young kids.

and her boss serves as the heartbeat of the film. an unexpected sisterhood which extends beyond the screen, maria, a classically-trained actress plays the mom and earned a nomination for best supporting actress. [ speaking foreign language ] >> reporter: maria, you have a line when you come home drunk, and you say to her in a whisper, we have to take care of ourselves. >> when alfonso told me that line, i said i can really relate to this. i've seen it. i've seen it in my mother. i've experienced it myself. i've seen lots of women going through, and i always ask myself, why is this? why is this? why are women and children left so vulnerable in life? >> reporter: alfonso is alfonso

queron, the the first-time actress took cues from her own mother's sacrifices as a nanny, leaving her own children behind to take care of others. [ speaking foreign language ] >> reporter: how proud is she that you are able to portray a domestic worker with that much dignity and that much respect? [ speaking foreign language ]

never dreamed of making the cover of "vogue " mexico. in fact, she's one of the few indigenous women to do so. [ speaking foreign language ] the netflix film sparking a new wave of activism for rights for domestic workers. >> if are you a nanny, home cleaner or health care worker, set your expectations and provide time off. >> reporter: the director even shot this psa with participant media which produced "roma" and partnered with the national domestic workers alliance. its director fights for those who are often underinsured, underpaid and underappreciated. >> it makes us all capable of going out to do what we do every

day u knowi day, knowing that those preciou hands. >> reporter: she says she's fortunate in her situation and advocates for those who don't have a voice. >> you take care of the child's emotional need, their physical need. you help nurture them for the coming to be the best person that they could be when they grow up. >> reporter: today she's being fitted for a gown before heading to los angeles for a special viewing party. >> i love those, don't you? those are the ones. >> i hope when people see this film, there are many out there, domestic workers are cleos. so to be able to embrace the profession as a real profession, it's not just the help. i think it would help people to have more respect and dignity and encourage people to be

happier about their profession. >> representation really matters, right? to see your own story reflected back on the big screen is a transformative experience. >> reporter: it really is film making and activism combined. >> we really have to change politics and policies but the culture. the work that goes into supporting families is a cultural phenomenon. >> reporter: you need to change hearts and minds before you can change policy. >> especially hearts. >> reporter: how much has alfonso contributed to helping people who are sometimes invisible much more visible. >> it was time for someone to say thank you, and we really need to be grateful. for example, for me, i'm here because there's a woman that lives with me, and of course a father and my own mother, but that woman is like really the one that knows everything.

and we really share motherhood. >> reporter: and on the eve of the oscars, in true cinderella fashion, these women are happy to be going to the ball. what's been the most fun? the gowns alone must be great fun. [ speaking foreign language ] >> and you should know that a portion of theater tickets purchased throughout february will be donated to the national domestic workers alliance. up next, the little boy bouncing into our social media feeds and hearts. ts. woman 1: this... woman 2: ...this... man 1: ...this is my body of proof. man 2: proof of less joint pain... woman 3: ...and clearer skin. man 3: proof that i can fight psoriatic arthritis... woman 4: ...with humira. woman 5: humira targets and blocks a specific source of inflammation that contributes to both joint and skin symptoms.

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>> yep, yep. oh! >> the video of wyatt now has more than 6 million views. >> ho! >> and you can see why. thanks for watching "nightline." you can always bounce on over to hulu where our full episodes are streaming. goodnight america. ght america.