♪ [cheers and applause] and applause] > . this is "nightline." tonight, the plot twist in the jussie smollett case. >> i've been truthful and consistent on every single level since day one. >> the state prosecutor abruptly dropping all charges against the "empire" actor for allegedly staging an attack. >> do i think justice was served? no. >> blind siding the police and the mayor. >> this is a whitewash of justice. >> now what is next for smollett and the two brothers also at the center of this story? plus, marsha clark, lead prosecutor in the trial of the century. >> mr. simpson, orenthalenthal simpson, he did it. >> we set out to see what it would be like that try a high-profile case in today's

world. >> but is it purely fiction or revenge? and there ain't no mountain high enough to keep the birthday celebrations from getting to the queen of motown. but first, here are the "nightline" five. ightline" five. and number one

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good evening, thank you for joining us. we begin here with the unexpected turn for jussie smollett. the actor's legal case is stranger than fiction. he quickly went from a hate crime victim to an alleged hoaxer facing felony charges to a man whose slate was surprisingly wiped clean. now the questions and the mixed emotions for so many. here's my "nightline" co-anchor, byron pitt. >> i've been truthful and consistent on every single level since day one. i would not be my mother's son if i was capable of one drop of what i was accused of. >> reporter: tonight in ch the windy city. this was a nor'easter no one saw coming. >> prosecutors dropping all charges against the ak d >> doing community service, we agreed to dismiss the charges against him. >> reporter: smollett had

alleged his attackers used a noose, used racial slurs. >> i was stunned. stunned. >> does this actually mean he made up this story or not? >> i got to tell you, i was on the floor. >> reporter: this, the latest plot twist in the tale of constantly changing roles. smollett cast as a victim. >> took advantage of the pain and anger to promote his career. >> reporter: and now in the eyes of his supporters, vindicated. >> we have nothing to say to the police department except to investigate charges and not try their cases in the press. >> reporter: while smollett and his team couldn't get to their awaiting suburban fast enough, chicago authorities couldn't talk louder or long enough. >> it's mr. smollett who committed this hoax, period. if he wanted to clear his name, the way to do that was in a court of law so everyone could

see the evidence. >> this is an unbelievable, not just whitewash of justice, this is a person let out scot-free with no sense of accountability of the moral and ethical wrong of his actions. >> there are a lot of people who are very upset about this. there were dozens of chicago police officers, detectives, working on this case. >> reporter: the decision did not include any condition that smollett apologize or admit any wrong doing. assistant state's attorney explaining it was a question of resources. >> our number one priority is combating violent crime and the drivers of violence, and we look to use our resources to do that. and i don't think that mr. smollett is a driver of violence. and nor was he someone who's a violent criminal. >> reporter: at the same time, siding with the police in what some say is a contradiction. >> we stand behind the investigation and the facts it revealed. >> what does that mean? >> it means we believe he did

what he was charged with doing. >> so you believe that he lied on the police report? >> yes, this was not an exoneration. to say that he was exonerated by us or anyone else is not true. >> he went out of his way to say that he found no problems with the investigation or the evidence that was collected either. to say it's the interest of the city or whoever it was to dismiss it was quite unusual. >> it can't be that their position is that they're not going to prosecute any cases that don't involve violent crime. that makes no sense. you can argue that they could have reached a plea agreement where he served no time, but that's not what happened here. >> reporter: smollett had seemed to vo have it all. fame, a hit show. then on the morning of january 29th it all turned upside down. >> battered when he walked out of his apartment.

>> reporter: smol elett claimede was walking home when two men spewing racial slurs attacked him. adding insult to injury, he said the perpetrators put a noose around his neck. >> he's supposed to be well-known, requesting a report. said a noose was placed around his neck. >> when we first heard about this allegation, certainly, that really shocked so many of us here in the news business and of course not community, but as that day went on, there were people questioning the details of this. so outlandish, could this really have happened the way he said? >> when i first heard about this, i was suspicious. the idea that you've got a noose, and you've got 2:00 in the morning, and you've got maga supporters who watch "empire" who recognized him right away, it was all a little hard to believe. >> reporter: police immediately begin investigating, releasing these images of two potential

persons of interest. meanwhile, questions lingered about the actor's account. >> police saying he wasn't cooperating entirely, in terms of giving over his phone. there were questions. then he does an interview on "good morning, america." >> as i was crossing the intersection, i heard "empire", and i don't answer to "empire." my name ain't empire. i kept walking and then [ bleep ] empire [ bleep ]. and i turn around and see the attacker. masked. and he said "this maga [ bleep ]", and punched me in the face. i punched him right back. there was a second person involved kicking me in my back. 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 screaming and i said there's a [ bleep ]ing rope around my neck. they put a [ bleep ]ing rope around my neck. >> reporter: these two suspects were identify, tied, two brothe. then a shocking twist. >> smollett said he was able to attack him but not hurt him too badly. >> the scratches on his face were most likely self-inflicted. >> reporter: they allege he hired the brothers, a hoax, a scam, ar play the race card, he played them all. racism, homophobia, victimization. >> we had questions about it. >> reporter: smollett turned himself in to police. the rebuke of a fallen star. >> i'm left hanging my head and asking why. why would anyone, especially an

african-american man use the symbolism of a noose to make false accusations? how can an individual, who's been embraced by the city of chicago, turn around and slap everyone in this city in the face by making these false claims? >> reporter: the smollett case was the latest incident in a community with a deep-seeded distrust of the authorities. >> the chicago police department did not come in to this incident with any credibility in the black community. the chicago police department is known for police brutality. it's known for denying the killings of unarmed people. >> reporter: many of those incidents were documented in a 2017 justice department investigation. including shooting at fleeing suspects who present no immediate threat. and the killing of laquan mcdonald who was shot by officer van dyke, setting off protests in chicago for years. van dyke was found guilty of

second degree murder and aggravated battery and sentenced to prison. now many fear the smollett case will have a chilling effect on the reporting of hate crimes. >> if you're a victim of a hate crime you're going to be more reluctant to come forward because you don't want do be re-victimized and criminalized for coming forward. >> reporter: while the fbi investigated, he returned today to his role as a celebrity, surrounded by fans, even posing for a selfie. >> this wasn't much of a deal, as a legal matter. this seems to be a huge win for jussie smollett. and i would argue a huge loss for everybody else. >> this has been an incredibly difficult time. honestly one of the worst of my entire life. now i would like nothing more than to get back to work and move on with my life. >> reporter: in the end, it may be all lost something.

>> our thanks to byron. coming up next, the prosecutor turned producer. marsha clark is forging a new path. w path. (announcer) people with type 2 diabetes are excited about the potential of once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? a two-year study showed that ozempic® does not increase the risk of major cardiovascular events like heart attack, stroke, or death. oh! no increased risk? ♪ oh, oh, oh, ozempic®! ♪ ozempic® should not be the first medicine for treating diabetes, or for people with type 1 diabetes or diabetic ketoacidosis. do not share needles or pens. don't reuse needles. do not take ozempic® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to ozempic®. stop taking ozempic® and get medical help right away

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a high-profile defendant in a murder trial, a gutsy lead prosecutor and a media circus. the plot of the new tv fix", created by marsha clark may sound like it's repeating history. >> reporter: had o.j. been convicted, would your life be different? >> how could i know?

if he had been convicted, maybe i wouldn't have left the office, but maybe i would have. looking back, you know, i really do think it was a time in my life to do something different. >> we're here to decide who murdered ronald goldman and nicole brown. >> reporter: it's 1995, and marsha clark is front and center at the trial of the century. >> we do have sufficient evidence to find him guilty. >> reporter: the lead prosecutor against orenthalorenthalorenthal in a case closely watched by millions of people around the country. >> he and nicole had this incredibly violent relationship. on the particular day in question, many, many things all went wrong for him at the same time and he exploded, which is why we wound up with so much evidence. >> reporter: but she had one of

the worst trial losses in history. after o.j. was acquitted, clark left her trial law career behind, setting off on a path to redefine herself as an author of best-selling novels. >> i always loved to write. from the time i was a kid, i was always addicted to crime fiction. >> reporter: and now her latest venture. >> you're never going to get me. >> reporter: as co-creator of abc's new legal drama "the fix." >> how much of it is your origin story? >> about this much. when you get about three minutes into the show we depart immediately. to the extent it's a prosecutor in latches wos angeles who lost high-profile case, that came out are you doing this? you lost, now you want revenge? you hate me for not suffering enough? believe me, i have. >> this isn't personal, mr. johnson, it never has

>> reporter: the tunney is the actress who poses as the attorney. >> what are you doing here? >> he did it again. you have to come back, maya. this time, we're going to get him. >> marsha gave me so much rein, and it was clear from the beginning, are you not playing me. we're going a completely different direction. and i think she wanted to write something that was fun, an escapism, a whodunit in a glossy way. it's designed to be really entertaining. >> this case is already being tried in the court of public opinion. >> reporter: part fictional legal drama. >> it's a soapy show. fast-paced, romance, of course, but there's a lot of bad behavior, people doing unto

others a lot. >> not guilty. >> reporter: and part art imitating life. >> did it. mr. simpson, orenthal simpson, he did it. >> you're never going to get me. i'm an innocent man. >> reporter: but clark insists "the fix" is not a revisionist tale of revenge against o.j. simpson for that not-guilty verdict heard around the world. the show is not you, but it's you-ish. >> it draws on my experiences as a defense attorney and prosecutor. >> reporter: so is it complete fantasy? >> yes, this is really all fiction. it really is all fiction. even sevi johnson, he's british. he's not a football player. very complex character, very compelling character. all of the characters have an

art they go through. it's my fantasy in terms of getting to write a project like this. for sure. >> this is about justice and seeing that justice is done. >> reporter: but no matter what, it seems more than two decades later, the o.j. case continues to follow her. >> i'm trying to win. >> reporter: spawning a hit mini series, "the people versus o.j. simpson", and an academy award winning documentary "o.j., made in america." >> i learned about him about his act to perfo ability to perform. he knows how to put on an engaging and warm persona. that is not the persona i saw in court. >> reporter: tunney who was in hit shows like "the mentalist." >> a window was open. screen outside. the cops think that's how jefferson broke into the house. >> reporter: lean partly on the

character's inspiration. >> how closely did you work with marsha on maya? >> she was there all the time. i wanted freedom to do things on my own and she was really good about that and create a different back story. if somebody is famous at another job and they work on a tv show, they're working just as an adviser. they're not a creator. marsha actually wrote this. she was in the room pulling, you know, her sleeves up and getting down and dirty and had like a real writer's room. and she was there, working terrible hours with a lot of pressure. >> i can't talk to you without your attorney present. >> reporter: but unlike maya in the show, marsha in real life is perfectly fine with life outside the courtroom. if o.j. simpson ever did anything again that was horrific or heinous, would you jump back in? >> i wouldn't be able to jump back in. there's a bit of fantasticalness in the way maya comes back in,

and that's not particularly realistic, and they have a lot of really good prosecutors. they don't need me. >> reporter: for "nightline," i'm matt gutman, los angeles. >> and "the fix" airs monday nights at 10:00, 9:00 central here on abc. coming up next, the endless love for ms. ross on her birthday. ♪ you're every breath that i take ♪ ♪ you're every step i make ♪ ♪ something i've been wor... ♪ james r. and associates. anna speaking... ♪ james r. and associates. anna. ♪ [phone ringing] baker architects. this is anna baker. at northwestern mutual, this is what our version of financial planning looks like. tomorrow is important, but you're ready to bet on yourself today. find an advisor at northwesternmutual.com.

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and finally here tonight, the queen of motown reigns over the day. diana ross, celebrating her 75th birthday and giving a gift to her fans, a new documentary "diana ross, her life, love and legacy" opened for two days only, it includes never-before-seen footage spanning her 60-year career. it also features a remastered version of her aiconic central park concert where she stayed on

stage and performed during a massive downpours. it will play in nearly 700 neat theaters across the country. our full episodes are streaming on hulu. thanks for watching and goodnight. watching and goodnight.