The charges that stem from four separate false reports that he gave to police in which he contended he was a victim of a hate crime "knowing that he was not the victim of a crime."
The brothers' attorney, Gloria Schmidt Rodriguez, says they are prepared to testify at a trial if called upon.
Smollett was indicted Tuesday for a second time on charges of lying to police about a racist and anti-gay attack he allegedly staged on himself in downtown Chicago, renewing a divisive criminal case that drew worldwide attention last year.
The indictment came from a special prosecutor who was appointed after Cook County prosecutors dropped the same charges last March.
The new charges were sure to reignite many of the tensions that surrounded Smollett a year ago. When his claims first emerged, he drew a groundswell of support from fans and celebrities and gave an emotional television interview about the attack.
Smollett is scheduled to appear in court for arraignment on Feb. 24.
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