NEW ORLEANS — The Orleans Parish District Attorney’s office will seek a change of venue for the manslaughter re-trial of Cardell Hayes in the 2016 road rage shooting death of former Saints star Will Smith.
The notice of intent was given Wednesday at a Zoom pre-trial conference before Orleans District Judge Camille Buras. The judge set a new trial date of April 4, replacing the previous date of Oct. 18.
The postponement will give time for prosecutors to present their reasons for moving the case out of New Orleans, a move that could be – and likely will be – contested by defense attorneys.
Hayes was originally convicted in 2016 of manslaughter and sentenced to 25 years in prison for killing Smith. He also was convicted of attempted manslaughter of Smith’s wife Racquel with a bullet to the leg.
Hayes was convicted by a 10-2 verdict. The U.S. Supreme Court struck down non-unanimous verdicts in 2020 and made the ruling retroactive, paving the way for Hayes’ new trial. Because the jury rejected a murder charge against Hayes, the DA’s office can no longer prosecute on that count.
As for the change of venue, veteran criminal defense attorney Jeffrey Smith said they are rarely requested, and even more rarely granted.
“I've been doing this for 41 years, almost entirely at Tulane and Broad, and I honestly can't even remember if I've seen one,” Smith said.
Smith said one of the reasons a change of venue is extremely rare is that state law sets a very high bar for any judge to grant one.
Louisiana law states that a change can be granted only “when the applicant proves that by reason of prejudice existing in the public mind or because of undue influence, or that for any other reason, a fair and impartial trial cannot be obtained in the parish where the prosecution is pending.”
Smith said that while some potential jurors may have strong feelings about Hayes' guilt or innocence...a court only needs to find 12 in the community who can be impartial.
“I can't believe they can' get 12 jurors,” Smith said.
Smith said the fact that more than five years have passed since the killing will make a change even more unlikely.
“Five years ago, trying to get people now, people moved into the city, people that just don't pay attention to every news clip,” Smith said. “I just think the time helps, helps the ability to have 12 fair people.
Prosecutors say Hayes shot Smith eight times and wounded his wife Racquel after a fender bender turned into a road rage confrontation in the Lower Garden District. At trial, Hayes said he shot in self-defense.
Hayes, 34, remains free on bond pending the new trial.