Jada Pinkett Smith breaks HER silence over Will Smith gay rumors as she claims they will SUE after accusation he was caught having sex with Fresh Prince actor Duane Martin: 'We suin!'

Jada Pinkett Smith has hinted that she and husband Will Smith are set to take legal action following claims that he was caught having sex with Fresh Prince actor Duane Martin.

It's unclear if Pinkett Smith was serious about consulting her lawyers, but when asked about the situation on Wednesday the actress told photographers in video obtained by TMZ: 'We suin'!

It comes after her husband staunchly denied the allegations.  Meanwhile, TMZ reports that sources close to Martin say he has no plans to speak out publicly as the claims are ridiculous. 

Brother Bilaal, who describes himself as the actor's ex-personal assistant, made the shock accusation in an now viral interview with internet personality Tasha K.

Bilaal claims he once walked in on the Men In Black star, now 55, and Martin engaged in a sex act in Martin's dressing room.

'I opened the door to Duane’s dressing room and that’s when I see Duane having anal sex with Will,' Brother Bilaal said. 'There was a couch and Will was bent over on the couch and Duane was standing up killing him, murdering him - it was murder in there.'

He also made unflattering claims about Smith's manhood, comparing his penis to the size of a 'pinky toe'. 

A spokesperson for the Oscar-winning actor insisted the story was 'completely fabricated' in a statement TMZ on Tuesday, while a source told the outlet that Smith is 'considering taking legal action.'

Jada insisted they had plans to take legal action during an appearance on The Breakfast Club radio show on Wednesday, where she described as the allegations as untrue and 'ridiculous.'

'It's ridiculous, right? And it's nonsense. This is a person who tried to a shake down, a money shake down that didn't work. We're going to take legal action. Because it's one thing to have your opinion about somebody versus just making up salacious, malicious stories. So that's actionable, so we're going to roll with that.'

'So for me, unfortunately, it's part of it,' she added. 'It's not true, we're going to take care of it. And that's that.'

She described how the rumor allegedly started: 'It's based around this person's idea that they in some way were doing business around Will's book and that they spent money or what have you and they need to be compensated.

'So he already tried to do that money shakedown,' she said. 'Will was willing to give him a certain amount or what have you and he didn't take it so this whole situation is based on that.'

Asked why Will would give him money, she said: 'Some business that they have. I don't know the complete details about it but that's about to come out because like I told you, we're about to take legal action,' she said.

Asked how Will was dealing with the matter, she said Will always finds the humor in situations.

'Here's one good thing about Will - Will's always going to find the funny. He's always going to find the funny!' she said.

Duane Martin, 58, was married to actress Tisha Campbell from 1996–2020. 

The Brooklyn-born actor is best known for his stints in the series L.A.'s Finest and on the show All of Us. 

Martin has worked with Smith on a number of projects, including two episodes of his former series The Fresh Prince of Bel-Air in 1993 and 1995, and three episodes of the 2022 reboot Bel-Air.

He's also been seen on The Paul Reiser Show, in the films White Men Can't Jump and Scream 2, and in the music video for the 1994 Boyz II Men hit I'll Make Love to You. 

Bilaal said that he had been working on a Hollywood set and ordered to keep 'eyes on Will' in the moments leading to him witnessing the actors having sexual relations.

'I saw sexual acts - there was one I walked in on,' said Bilaal, who was on the series to promote his forthcoming book titled Will Smith Demonic Circle.

Bilaal said looked everywhere and noticed that Smith's car was in its right place but the actor was nowhere to be found. He said that producers on the unnamed project were repeatedly summoning him on his walkie talkie and cell phone, pressuring him to find the actor and bring him back to set. 

He said he had the keys to Martin's dressing room when he discovered the two actors engaging in sexual activity. Bilaal said he was like 'a deer in the headlights' and said 'Oh s***' when he encountered the pair.

DailyMail.com has reached out to reps for both Smith and Martin for comment on the story. 

Smith's estranged wife Jada Pinkett Smith, 52, last month revealed that they've been separated for seven years. 

Bilaal said that Smith's estranged wife Jada Pinkett Smith 'was the woman that everybody wanted,' and that 'Will needed that validation to have that type of woman.'

Tasha K asked Bilaal, 'You saw her say that Will Smith had a small d***?'

Bilaal said in response that 'if a woman is used to something the size of a baby leg, and you come in with a pinky toe, there's nothing you're gonna do to please her ... if she's itching for that baby leg, she wants that baby leg.'

In the chat, Bilaal said during the latter years of their relationship, Smith was not his friend, but rather he was Smith's friend.

After Pinkett Smith spoke publicly about their marital estrangement, Smith followed up shortly after with his own comments on the situation. 

Smith, in an email published October 14 in the New York Times, said that Pinkett Smith's recent comments on their relationship were a wake-up call to him, adding that she was more 'resilient, clever and compassionate' than he'd realized. 

The King Richard star told the paper in an email, 'When you've been with someone for more than half of your life, a sort of emotional blindness sets in. And you can all too easily lose your sensitivity to their hidden nuances and subtle beauties.'

Pinkett Smith, who released a memoir titled Worthy last month, told the Today show's Hoda Kotb in October that her marriage to Smith hit a crossroad seven years back.

'I think by the time we got to 2016 we were just exhausted with trying,' Pinkett Smith said on the broadcast. 'I think we were both kind of just still stuck in our fantasy of what we thought the other person should be.'

She continued: 'I made a promise that there will never be a reason for us to get a divorce. We will work through whatever. And I just haven't been able to break that promise.'

In the interview with Kotb, Pinkett Smith was asked about the longtime rumors swirling around the Hollywood couple.

Kotb said: 'You and Will probably have more rumors about you and talk about you than others: "They're in an open marriage, they're swingers, he's gay, she's gay" - I mean a million things were out there.

Kotb asked Pinkett Smith, 'What, if anything, is true and did hearing all that stuff bother you?'

Pinkett Smith denied all of the accusations at once: 'I would say that none of that's true. I definitely can understand why there'd be misunderstandings, but none of it's true.'

Late transgender actress and activist Alexis Arquette, who died in September of 2016 at the age of 47, claimed that both Smith and Pinkett Smith were secretly gay in a January 2016 Facebook post after Pinkett Smith was in the headlines after saying she was boycotting the Academy Awards. 

Smith is more than a year-and-a-half from his infamous incident at the 2022 Oscars in which he slapped comic Chris Rock after he made a joke about Pinkett Smith's shaved head, saying, 'Jada, I love you, G.I. Jane 2, can’t wait to see it!'  

The reference was to the 1997 movie which featured Demi Moore with a shaved head. (Pinkett Smith has diagnosed with alopecia, which causes hair loss.)

Smith then walked onstage and smacked Rock, then returned to his seat and shouted at him twice, 'Keep my wife's name out of your f***ing mouth!' to a stunned audience. 

Later in the evening - in his acceptance speech after winning the Best Actor Oscar for his role as tennis patriarch Richard Williams in King Richard - Smith apologized to the Academy and other nominees, but made no reference to Rock.

Smith subsequently apologized on multiple occasions over the incident, and resigned from the Academy of Motion Picture Arts and Sciences ahead of being issued a 10-year ban from the Oscars.

In an apology he issued in July of 2022 over the incident in an online clip, Smith said his spouse 'had nothing to do with' his attack on Rock.

'I made a choice on my own from my own experiences, from my history with Chris,' he said. 'I want to say sorry to my kids and my family for the heat that I've brought on all of us.'

He added: 'I've reached out to Chris and the message that came back is that he's not ready to talk, and when he is he will reach out. So I will say to you, Chris, I apologize to you. My behavior was unacceptable, and I'm here whenever you're ready to talk.'