Smollett is due in court Thursday afternoon for a bond hearing.
The Osundairo brothers, the two men at the center of the investigation into the alleged assault against Jussie Smollett, spoke out on Monday for the first time.
Earlier this month, the "Empire" star - who is openly gay told police that he was attacked on January 29 by two white men "yelling out racial and homophobic slurs".
U.S. police on Wednesday charged a TV actor with lying to authorities about being the victim of a racist and homophobic attack on the streets of Chicago.
Since news of the possible staging of the attack surfaced, police have uncovered other claims about Smollett that threaten his credibility. "Detectives will make contact with his legal team to negotiate a reasonable surrender for his arrest", Chicago Police chief communications officer Anthony Guglielmi said Wednesday.
The whispers about Smollett's account started with reports that he had not fully cooperated with police after telling authorities he was attacked. Jussie Smollett is innocent until proven guilty, but after a grand jury reviewed evidence in the case, they decided it must go forward.
Smollett's attorneys promised to conduct their own investigation and mount "an aggressive defense".
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Attorney shares new details on Jussie Smollett's 'staged' attack
According to phone records, Smollett spoke to the brothers on the phone about an hour before the attack and also after the attack. Jussie's lawyers said they would "conduct a thorough investigation and mount an aggressive defence" against the allegations made.
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In a statement issued to CNN, the men said: "We are not racist".
The Tribune reported that neither brother has been credited for work on "Empire", though the older brother said in a 2015 interview that he played the prison bodyguard for Chris Rock's character.
Smollett shared the graphic details of the racist and homophobic attack with Roberts.
Before the attack, Smollett also sent a letter that threatened him to the studio in Chicago where "Empire" is shot, Superintendent Eddie Johnson said.
Does Rep. Alexandria Ocasio-Cortez (D-NY) think that Smollett was right because he is against Trump, making him morally superior?
Earlier on Wednesday, Fox had renewed its support of Smollett, saying, "Jussie Smollett continues to be a consummate professional on set and as we have previously stated, he is not being written out of the show".
But Smollett's story appeared to unravel, and has since become a cautionary tale in an era where incomplete information is quickly spread via social media. They were later released and are said to be co-operating with the investigation. Olabinjo and Abimbola were seen today entering a grand jury room at a Cook County courthouse where they reportedly appeared as witnesses. President Trump described the alleged attack as "horrible".
The brothers were released without charges last Friday after the police said "new evidence" had emerged and that the investigation's "trajectory" had changed course.