Foret believes Thomson, the Smiths' lawyer,Raiders Jerseys On Sale, may have played into defense hands by holding a news conference in which he gave a detailed account of what he believed happened the night of the shooting — essentially telegraphing possible elements of the prosecution case.
Ciolino took note of amateur video from the shooting scene that shows one unidentified witness saying he heard two men arguing — each saying he had a gun,Cheap Shoes Wholesale.
Hayes is the 28-year-old ex-semi-pro football player jailed for allegedly killing Smith late Saturday after a car crash and subsequent confrontation — the details of which are the subject of hot dispute.
His popularity is one of the hurdles for the defense, says Janet "Jancy" Hoeffel, a criminal lawyer and professor at Tulane's law school.
Smith was shot eight times late Saturday after an angry confrontation with the driver of a Hummer that crashed into the rear of the Mercedes SUV that Smith was driving. Smith's wife was shot in both legs during the ensuing melee.
"You're looking at getting a jury, anywhere in the state of Louisiana, for a Saint," she said. "I think there are no greater heroes in this town than the team, the Saints. People are huge fans here in ways that I don't see in other cities."
It's an image that doesn't jibe with that of Hayes' friends.
But attorneys also say there may be a credible self-defense argument for Cardell Hayes.
Hoeffel, agrees. She also marvels at how a case that initially looked like "a fairly straightforward homicide" has evolved. Details have emerged, including video showing that Smith's car appears to have lightly rear-ended Hayes's vehicle a few blocks away from the shooting scene,Michael Irvin Jersey, moments before the confrontation.
"The defense certainly has facts to work with,Jerseys Basketball Cheap China," said Ciolino. "There was a gun in Will Smith's car. There was talk of using the gun. That makes the self-defense claim colorable. Whether it's persuasive, that remains to be seen at trial."
Hayes, little known before the shooting, was characterized by the Smith family's lawyer this week as an enraged gunman. Peter Thomson said Hayes shot Smith's wife Racquel in each leg, then pumped Smith full of bullets, standing over the body and yelling as Racquel cowered.
Hayes' defense lawyer John Fuller has stated that Hayes was not the aggressor Saturday night and that a witness saw a gun in Smith's possession. Police say a loaded, unfired gun was found in Smith's vehicle. Thomson insists Smith never brandished or carried it.
"There was not just one accident, but two, it sounds like," she said in a Thursday interview.
NEW ORLEANS (AP) — The bullet-riddled corpse of a retired football star — seven shots to the back, one to the side — makes a powerful starting point for prosecutors as they build the case against a gunman jailed in the death of former New Orleans Saint Will Smith, say legal experts who are watching the story unfold.
"Under Louisiana law the prosecution has the burden of disproving self-defense beyond a reasonable doubt. So, the defense can argue that he believed — reasonably believed — that he was in danger of losing his life, and that killing Will Smith was necessary to save himself," said attorney and Loyola University law professor Dane Ciolino.
"He's a nice guy. He's not hot-tempered. He's mild-mannered. That's who he is. That's who he's been since we were growing up," said Sha'Teek Nobles, pastor of My Redeemer Missionary Baptist Church, who has known Hayes since grade school.
Hayes stayed at the scene until police arrived and police said he admitted to being the shooter. Jail records say he's being held for alleged second-degree murder, with bail set at $1 million, but he has not yet been formally charged. Prosecutors in District Attorney Leon Cannizzaro's office are expected to take evidence to a grand jury ahead of a preliminary hearing set for April 28.
Veteran New Orleans lawyer Donald "Chick" Foret,Bengals Color Rush Jersey Cheap, sees possible arguments for the defense. Thomson's statement that Racquel Smith was shot first plays into one of them. If it's true, Foret says, it could be argued that Hayes first was squeezing off warning shots that hit her legs. It could also be argued that shots to the back and side indicate Smith was reaching into the car for a gun.
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