NEW ORLEANS (AP) — The Latest on a hearing for the man charged with second-degree murder in the April shooting death of former New Orleans Saints defensive end Will Smith (all times local):
A judge has refused to remove the New Orleans district attorney’s office from the prosecution of a man who is charged with second-degree murder in the death of former Saints defensive end Will Smith.
State Judge Camille Buras on Friday rejected arguments that District Attorney Leon Cannizzaro’s office should be removed because Cannizzaro has shown personal animosity toward defense attorney John Fuller.
Fuller cited a 200-page report that Cannizzaro’s office had circulated to law enforcement agencies. The report alleges witness tampering and other wrongdoing by Fuller and others in unrelated cases. Fuller says the accusations are baseless.
Assistant District Attorney David Pipes argued Fuller presented no evidence warranting a removal of the district attorney’s office from the Cardell Hayes case.
Buras also set a new trial date of Nov. 2.
A ruling is expected soon from a state judge weighing whether the New Orleans district attorney should be barred from prosecuting the man charged in the shooting death of retired Saints defensive end Will Smith.
Cardell Hayes is charged with second-degree murder.
Defense attorney John Fuller says District Attorney Leon Cannizzaro has made baseless accusations against him and should be removed from the Hayes case.
Judge Camille Buras is expected to hear arguments and rule Friday.
Police have said Smith’s death on April 9 followed a confrontation with Hayes after an automobile crash. The defense has said Hayes shot after Smith struck Hayes and went to retrieve a gun from his SUV.