Defense wants District Attorney's office off Will Smith case
NEW ORLEANS - Defense attorneys are trying to get the New Orleans District Attorney's Office removed from the case of Cardell Hayes, the man charged in the shooting death of former Saints star Will Smith.
Their motion was disclosed in open court Thursday, but their reasons were not discussed and the motion was not available at the court clerk's office as of midday. The next hearing is July 20.
Hayes is charged with second-degree murder in Smith's death, and with the attempted second-degree murder of Smith's wife, who was shot in the legs.
Prosecutor Jason Napoli has said the evidence shows Hayes provoked the April 9 confrontation by intentionally ramming Smith's SUV - after Smith had earlier bumped Hayes's Hummer - and then threatening the unarmed man with a loaded .45-caliber handgun.
Defense attorney John Fuller has said he believes there is a strong case to be made that Hayes fired in self-defense, fearing for his life after Smith struck him several times and went to get his gun, too. A detective testified he saw no evidence Hayes had been injured.
Police have said that Smith's 9 mm handgun, loaded but not fired, was found inside the SUV.
State District Judge Camille Buras ordered Hayes held on $1.75 million bond and scheduled trial for Sept. 20.