The defense attorney for Cardell Hayes, the man charged in the murder of former Saints defensive end Will Smith, says once the truth comes out, his client will be found not guilty. John Fuller says a witness will back up Hayes' story that he did not provoke the shooting.
"A witness that I have saw untoward activity and has become fearful and communicated with me this morning that she does not want to testify publicly, but she will make her statement...she will record her statement and give a written statement about what she witnessed."
Fuller says witnesses saw Smith with a gun before he was shot. The lawyer also questioned the investigation into the shooting and how a gun that belonged to Smith wasn't recovered the night of the shooting.
"Where a man lost his life, a man who left three children behind that a gun supposedly isn't recovered until days after the incident and that's odd."