By Digital Team | WDSU
NEW ORLEANS — A man convicted of killing former New Orleans Saints defensive end Will Smith is likely to have that conviction overturned.
Prosecutors filed court documents with the U.S. Supreme Court indicating they agree with Cardell Hayes' defense attorneys that his conviction should be thrown out, the documents show. The basis for vacating the conviction stems from a recent ruling from the high court that found non-unanimous jury verdicts unconstitutional.
The U.S. Supreme Court must rule on the motion before the conviction is officially vacated. Attorney General Jeff Landry and Orleans District Attorney Leon Cannizzaro signed the motion conceding the conviction should be voided.
Hayes was convicted by a 10-2 jury verdict. Orleans Criminal District Court Judge Camille Buras sentenced him to 25 years.
If his conviction is overturned, the grand jury indictment still stands and Hayes could potentially face another trial. With Cannizzaro leaving office in January, it's unclear how the case could be resolved.
Hayes' attorney Eric Santana said the news was "surreal" for Hayes' mother, who never gave up hope and has stuck by him, along with Hayes' young son. Hayes emailed Santana his reaction, he said, "He understands he has a long road ahead of him. But with faith in God and support of his family, friends, he knows he'll get through this. He also wants to keep his family and Smith family in everyone’s prayers," Santana said.
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