Attorney for brothers in Smollett case speaks out

Gloria Schmidt tells "GMA" whether there is evidence to back the brothers' claim that they were paid by Jussie Smollett to stage an attack in Chicago.
5:20 | 03/11/19

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Transcript for Attorney for brothers in Smollett case speaks out
Back now with the new charges for jussie smollett. The "Empire" star facing 16 felony count, accused of falsely reporting a hate crime. Good morning, Eva. Reporter: Good morning, George. Jussie smollett's team, he went from facing one charge to more than a dozen. His hour calling the 16 counts overkill. Jussie smollett is facing a slew of charges. A Chicago grand jury indicting the "Empire" star on 16 felony coup. The charges stemming from allegations he repeatedly lied to police about being the available Tim of a homophobic and racist attack. I'm an advocate. You do such a disservice when cow lie about things like this. Reporter: Smol set saying he was viciously attacked in January. Police tracking down the two brothers. Their account creating a seismic shift in the investigation. It's not the Chicago police saying he did something. It's the evidence. The facts. And the witnesses that are saying this. Reporter: Ola and Abel osundairo telling authorities smollett paid them to stage the whole thing. ABC news obtaining a copy of the $3500 check investigates say was written by smollett. On the member Lowe line, five-week nutrition workout program. Smollett's attorney appearing on CNN Friday night. What do si Thai have that corroborates the story. These are the two people that did it. What do they have besides their word that says he was in on it? Reporter: The penalty for the newest set of charges ranges from probation to up to three years in prison and/or a $25 thurk fip. He's not yet entered a plea on the new charges. He's due back in court next Thursday on the original charge. Now here a morning exclusive. The attorney for the brothers who told police they helped smollett stage the attack. What do the brothers have to back up their story? What I can tell you right now is the tremendous regret they have over their involvement in the situation. And I think once -- mark geragos and enelse starts looking into the situation, they're going to see really that my clients were just taken advantage of someone that they trusted. Do they have evidence to back up their claims? Doe my clients have evidence? Of course. Of course. And that's why, um, when they went from persons of interest to sps, they are free men and they are at home. How did this all happen? How did they get caught up in this in the first place? I ask myself the same question. I look at the dynamic between loyalty and someone in a position of trust with my clients. Who really just took advantage of them. Ahad worked with jussie on "Empire "? They worked with him. They've known him. They were friends with him. This someone the brothers thought could help their career. Obviously, Mr. Smollett has connections. He had good position with fox. So this was someone that they had trusted to -- you know, consider their best interests. And they were paid to do this, correct? Ment they were paid for the training. They were training together. And so they were paid for that. But they were also asked to -- to do this favor for him. Unbeknownst to them. Because this later turned out to be a big betrayal. They were paid $3500. It said for perm training. You're not disputing that. They were paid for the training. Not paid to stage the attack? It would be such an easy narrative to just say it that it's unfortunately a very complicated relationship for them. Because it's -- it's -- if your friends and I'm saying, hey, I'm going the pay you for training. I'm also asking you the do me a favor. And the favor was to stage the attack? And the favor was to stage the attack. That was very explicit. They decided to tell that story when they were called in by the police. Were they offered anything in return? Mpbl um, outside of -- From the grand jury. Any kind of a plea deal? N't the details on that, I'm not allowed to elaborate on. They were not looking for anything. They were not looking for anything. No, no. But you don't know why they did this in the first place? Whether they intended to carry this whole thing out? Chlgt I think that at the end of the day, their intentions were probably best described through them directly. And I'm just not at liberty to say that. What I can tell you is that they're working very hard right now to piece their lives together. This was life-altering. I saw them go through their realization process. And they know that this has impacted a lot of minority populations. They're working very hard to just, move this in the positive direction. You're confident, this was a hoax? I'm confident that they did not do a hate crime. Thank you for coming in this morning. My pleasure, George. Thank you.

This transcript has been automatically generated and may not be 100% accurate.

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