NEW ORLEANS — Orleans Criminal District Judge Camille Buras notified the court’s jury commissioner that the Cardell Hayes retrial is a go for Monday.
Hayes admitted to shooting and killing Saints Defensive End Will Smith in 2016 during a road rage-fueled confrontation in the Lower Garden District.
He claimed he acted in self-defense.
Orleans District Attorney Jason Williams will be part of the prosecution team along with Chief of Trials Matt Derbes.
“I’m glad we have a hard and fast trial date,” Williams said. “As you recall, I think everyone in the courtroom was expecting Mr. Hayes to plead guilty at this last setting. There appeared to be some sort of change of heart.”
Hayes was originally convicted of manslaughter by a 10-2 jury vote.
He was also found guilty of attempted manslaughter for shooting Smith’s wife in the legs.
Hayes was later granted a new trial after the Supreme Court outlawed non-unanimous jury verdicts.
Eight years after the shooting, Williams says this is still a very straightforward case against Hayes.
“One man rammed his car into the back of another man. He got out of the car angry with a gun, which no one should ever do and when Will Smith turned his back, he shot him in the back after shooting Will Smith’s wife.”
During Wednesday’s pre-trial hearing, the judge agreed to a prosecution request not to release alternate jurors until after jury deliberations.
She also ruled the defense cannot introduce prejudicial character evidence against Smith.
Defense attorneys accused prosecutors of not turning over evidence that could help clear their client.
They pointed out that the recordings of four witnesses, including Smith’s wife, were either lost or stolen by the NOPD.
Prosecutors said the transcripts and court documents of the recordings still exist, minimizing the potential loss.
“When the evidence isn’t on your side, you start making empty allegations,” Williams said.
The judge denied a defense request to throw out Hayes’ indictment based on the missing evidence.
The trial is expected to take up to five days, following two days of jury selection.