brothers to stage the attack. dave and rehearse it. an actor tweeted that he read with smollett the play, "take me out." that's about eight gay by rachel bissell. subject to violence. and that's the day that he flew back to chicago. the cbs affiliate in chicago reports that the osundairo brothers said the hoax was conceived after smollett sent a threatening racist and homophobic letter to himself, complete with letters cut from a magazine. he didn't receive enough attention from that, according to anonymous sources one piece of evidence believe have now is a magazine with letters government. the fbi did get involved in this investigation, according to police sources, but only to do with that threatening letter. melissa? >> melissa: what a story. thank you for that. for more all of this, let's bring in criminal defense attorney steven greenberg. let's start with the idea of him at this point refusing to come back in for more questioning. it seems. they said they are going to give him a reasonable amount of time