Jussie Smollett lawyers: Actor unaware alleged attack would trigger 'extensive investigation'

EMBED >More News Videos "Empire" actor and R&B singer Jussie Smollett told Chicago police last month that two men physically attacked him and yelled racial and homophobic slurs. There have been dozens of twists and turns since then. Here are some key moments from the start of this story.

EMBED >More News Videos Chicago police have released nearly 70 hours of video in the Jussie Smollett case.

EMBED >More News Videos Jussie Smollett sat down with Robin Roberts for an exclusive interview on "Good Morning America."

CHICAGO -- Jussie Smollett's attorneys say the actor shouldn't have to pay Chicago $130,000 for the police investigation into what he claimed was a racist and homophobic attack because he had no way of knowing how much time officers would spend on the probe.That argument contained in a filing this week by Smollett's attorneys is the latest effort to have the city's federal lawsuit dismissed.Attorneys say Smollett couldn't have known that his police report after the alleged January attack would trigger 1,836 hours of police overtime and that such reports don't typically result in such extensive investigations.Smollett was charged with staging the attack in Chicago's Streeterville neighborhood in January. Police and prosecutors said Smollett orchestrated the attack with the help of two brothers. One brother was an extra on "Empire" and the other was Smollett's personal trainer.All charges against Smollett were dropped in late February in exchange for community service and forfeiture of his $10,000 bond payment.A former U.S. Attorney Dan Webb was appointed as a special prosecutor to investigate Smollett and Cook County State's Attorney Kim Foxx's handling of the case. A court hearing is scheduled for Oct. 22.