Chicago police have said they want to conduct a follow-up interview with the Empire actor Jussie Smollett, because new information has prompted a shift in the investigation of his claim he was attacked.

Jussie Smollett says he was assaulted because of his criticisms of Trump Read more

The police spokesman Anthony Guglielmi’s statement that the inquiry had “shifted” came as questions mounted about the actor and singer’s allegations, according to the Associated Press.

Smollett, who is black and gay, alleged two masked men put a rope around his neck and threw a chemical on him shortly after he went to a Subway restaurant early on 29 January. In addition to hurling racist and homophobic slurs, he said, the alleged attackers shouted a pro-Trump slogan: “This is Maga country!”

In an interview with ABC’s Good Morning America broadcast last Thursday, he quoted the slurs. “There’s no which way you cut it,” he said. “I don’t need some Maga [Make America Great Again] hat as the cherry on some racist sundae.”

Asked why he thought he was targeted, he referred to Donald Trump.

“I come really, really hard against 45,” he said, referring to Trump’s position as the 45th president. “I come really, really hard against his administration and I don’t hold my tongue.”

Police looked for but could not find surveillance footage of the alleged attack. They did get photos of two men and said they wanted to question them. The men, who are brothers, were picked up last Wednesday at O’Hare airport, on their return from Nigeria. Police questioned the men and raided their apartment but they were released on Friday night without being charged.

“Case update,” Guglielmi tweeted. “Due to new evidence as a result of today’s interrogations, the individuals questioned by police in the Empire case have now been released without charging and detectives have additional investigative work to complete.”

Citing anonymous sources, CBS’s Chicago affiliate reported that Smollett allegedly paid the brothers $3,500 to stage the assault. The men claimed the actor told them to buy the rope and that he paid for it, the report said. Smollett and the men even rehearsed the incident, the men allegedly told police.

On Sunday, Guglielmi tweeted: “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.”

That comment marked a departure from a 14 February statement in which Guglielmi said: “Media reports about the Empire incident being a hoax are unconfirmed by case detectives. Supt Eddie Johnson has contacted ABC7 Chicago to state on the record that we have no evidence to support their reporting and their supposed CPD sources are uninformed and inaccurate.”

On Monday, a spokeswoman for Smollett’s attorneys said in an emailed statement the lawyers “will keep an active dialogue with Chicago police on his behalf”.

In a statement reported on Saturday night, two of Smollett’s attorneys rejected reports the attack was a hoax.

“As a victim of a hate crime who has cooperated with the police investigation, Jussie Smollett is angered and devastated by recent reports that the perpetrators are individuals he is familiar with,” Victor Henderson and Todd Pugh said.

“He has now been further victimized by claims attributed to these alleged perpetrators that Jussie played a role in his own attack. Nothing is further from the truth and anyone claiming otherwise is lying.

“One of these purported suspects was Jussie’s personal trainer who he hired to ready him physically for a music video. It is impossible to believe that this person could have played a role in the crime against Jussie or would falsely claim Jussie’s complicity.”

Reached by the Guardian via email on Monday morning, Smollett’s recently hired criminal lawyer, Michael Monico, said he could not comment. Other attorneys for Smollett did not immediately respond to requests for information. Guglielmi said there was no new update to give.

Jussie Smollett attorneys dismiss reports of involvement in own 'attack' Read more

According to reports, one of the brothers worked as an extra on Empire. The police search of their apartment turned up items such as an “Empire script” and bleach, as well as a “black face-mask hat” and red hat, CBS Chicago reported. Photos from the search revealed that the brothers’s front door was broken off of its frame, and that bedroom doors were damaged. The pictures also showed that clothes and items in their living room were thrown about.

The brothers’s lawyer has maintained their innocence, CBS reported.

“They are baffled about why they are people of interest,” their lawyer, Gloria Schmidt, said. “It’s an awful thing that happened to Jussie, but it’s not my guys.”

After the brothers were released, Schmidt declined to offer specifics about information they might have given authorities.

“Obviously I had it,” Schmidt said, according to the Chicago Tribune. “Obviously my clients had it. But I think it took a matter of coordination.”

Asked if Smollett staged the incident, she said: “There’s still a lot of moving parts to this … I’m not part of Jussie’s defense. I’m not part of what’s going on with him. I can just tell you that my guys [are] innocent of the charge and they’re going home.”