Disclaimer: All persons are presumed innocent until proven guilty.
NEW ORLEANS (WGNO) — The retrial for Cardell Hayes began on Monday, Jan. 22 after eight years of delays.
Hayes was previously found guilty of killing Saints player Will Smith and wounding Smith’s wife in 2016, after admitting his actions were done in self-defense.
The fatal incident happened after an argument between he and Smith. During the encounter, Hayes stated he believed Smith went to his car to get a gun, but there was apparently no evidence to prove his claim.
He received a sentence of 25 years for manslaughter and attempted manslaughter after the jury entered a 10-2 verdict.
In 2020, the Supreme Court declared non-unanimous verdicts unconstitutional, leading to Hayes’ release after five years.
By March 2021, the judge granted a $225,000 bond and placed Hayes under house arrest.
A retrial was initially set for July 2021 but has been delayed several times over the years.
“It’s hard enough to come back to New Orleans, thinking this chapter was going to end and have some real finality today. And I can tell you she and her entire family are rightfully frustrated,” said District Attorney Jason Williams.
On Monday afternoon, the jury selection process was completed with 12 jurors and three alternates being selected.
“I think it’s really important the jury understands all of that law,” Williams said. “That’s why I wanted them to understand all the laws that are in place around what justifiable homicide is, and what justifiable homicide is not, about what self defense is, and what self defense clearly is not. That’s why we spent so much time with the jury.”
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