Jury selection is underway in the re-trial of Cardell Hayes. He fatally shot former Saints star Will Smith in 2016. Hayes says the shooting was in self-defense after an argument erupted following a car crash in the Garden District. Hayes was convicted of manslaughter, but it was tossed out due to a non-unanimous jury verdict. Loyola University Law Professor Dane Ciolino says typically the defense has an advantage in re-trials.
“They have heard all of the state’s witnesses and in this case have had years to crawl over the testimony to find inconsistencies and inaccuracies,” said Ciolino.
Ten of the 12 jury members who sat through Hayes’ first trial in 2016 determined he was guilty of manslaughter. Ciolino says if the jury splits again, it’s a victory for the defense.
“This case hangs again you can expect (Orleans Parish DA) Jason Williams’ office will be forced into offering Cardell Hayes a pretty sweetheart deal on a manslaughter plea” said Ciolino.
Hayes has been free since 2021. The judge expects the trial to last about a week.
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