Osundairo Brothers Are "Tremendously Regretful" About Involvement In Jussie Smollet Case, Attorney Says

CHICAGO (CBS) -- Jussie Smollett's attorney is casting doubt on the evidence against the actor in what police call a staged attack, but the lawyer for the brothers at the center of the investigation says her clients were betrayed by Smollett.

"This entire thing started because they put their trust in the wrong person," said attorney Gloria Schmidt, who represent Ola and Abel Osundairo.

She said they trusted and were misled by Jussie Smollett.

"Now they find themselves in a situation where they are tremendously regretful," she said.

Schmidt is talking public for the first time since Smollett was indicted by a grand jury last week with 16 felony counts.

"They did appear at the grand jury, and they did answer the grand jury questions," she said. "That has been their extent in this legal process."

But Smollett's attorney, Mark Geragos, called the new charges overkill in a CNN interview Friday.

"What's happening here is a media gang bang of this guy of unprecedented proportions," he said.

In surveillance video CBS 2 first showed, the brothers are seen buying ski masks, a red hat, and gloves -- items they told investigators were purchased for the concocted attack on Smollett.

Chicago police said the homophobic and racist attack Smollett reported on Jan. 29 was a hoax, and the brothers were paid to carry it out.

"I have never seen a media pendulum swing more quickly and more viciously and rob someone of their presumption of innocence like this case is," Geragos said. "It's startling the way people assume he is guilty."

Smollett will be back in front of a judge in Cook County Thursday,