Jussie Smollett just can’t catch a break in the ongoing investigation into the alleged assault that occurred in the early morning hours of Jan. 29 in the Windy City.

In the latest twist of this curious hate crime, Chicago police claim they received a tip that the Empire star and the two Nigerian brothers he allegedly hired to carry out the attack  were spotted together in an elevator the night of the incident, Complex reports.

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The brothers, Ola and Abel Osundairo, have allegedly told investigators that they were recruited by Smollett to help orchestrate the crime.

CPD spokesman Anthony Guglielmi released a statement Tuesday dismissing a tip that Smollett and the accomplices were in an elevator in the building on the same night of the attack, according to The Associated Press.

While the witness’s claims will surely fuel speculation that Smollett staged the incident, Guglielmi has now made clear that the tip about the trio being seen together in an elevator was “unfounded.”

It was not the first time police dismissed rumors in the case. On Feb 17, Guglielmi wrote on Twitter: “While we are not in a position to confirm, deny or comment on the validity of what’s been unofficially released, there are some developments in this investigation and detectives have some follow-ups to complete which include speaking to the individual who reported the incident.”

But in a follow up tweet two days later he noted: “CPD has confirmed that a tip this morning about a sighting at the residential towers of individuals involved in this alleged incident is unfounded as it was not supported by video evidence obtained by detectives.”

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