CHICAGO (CBS) — Two brothers questioned in the alleged attack on “Empire” actor Jussie Smollett, have been released from custody, police Friday.

The men–Obabinjo Osundairo and Abimbola Osundairo–were arrested Friday but have not been charged. Police released them after questioning. The men were identified by their attorney, Gloria Schmidt.

“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,” Chicago Police spokesman Anthony Guglielmi said.

Meantime, two sources with intimate knowledge of the investigation tell CBS 2 Investigator Brad Edwards the attack on Smollett was potentially orchestrated by the actor himself, and involved the two other men.

But police said while there is no evidence documenting the alleged attack, there is also no evidence to say it is a hoax. They said Smollett is being cooperative at this time and continues to be treated as a victim, not a suspect.

Two men were seen on surveillance video near where Smollett told police he was attacked on Jan. 29. The suspects being questioned by detectives in the case are brothers who worked on Empire with Smollett.

Police raided the brothers’ home on Wednesday, the same day police met them at O’Hare International Airport, as they were returning from a trip to Nigeria.

Pictures from the raid show the front door busted off its frame, items thrown across the living room, bedroom doors damaged and clothes tossed everywhere.

Police left behind an inventory list. Some of the items seized include a black face mask hat, an “Empire” script, phone, receipts, a red hat and bleach.

Smollett has told police two men attacked him in Streeterville around 2 a.m. on Jan. 29, as he was heading home to his apartment. He said they yelled racial and homophobic slurs at him, poured some type of chemical on him and even put a rope around his neck.

Smollett, 36, is black and openly gay.

 

Charlie De Mar