Defense asks DA's office to recuse itself from Will Smith murder case

Defense asks DA's office to recuse itself from Will Smith murder case

NEW ORLEANS (WVUE) - The defense team for the man accused of killing former Saints player Will Smith filed a motion to have the Orleans Parish District Attorney's Office recuse itself from the case.

It happened Thursday during what was supposed to be a hearing to discuss evidence in the Cardell Hayes case.

The Hayes hearing did not happen and instead the motion was filed earlier in the morning.

Details of the motion were not discussed in open court. The attorneys were then asked to approach the bench, but it was unclear what was said.

Earlier this week, | The Times-Picayune reported that DA Leon Cannizzaro is alleging defense attorney John Fuller and his associates engaged in witness tampering or intimidation on a separate case.

According to the report, Cannizzaro presented the allegations in a document that was given to several agencies, including the New Orleans Police Department, U.S. Marshals, Drug Enforcement Administration and FBI.

Fuller is accused of making unauthorized jail visits to clients of other attorneys with the alleged intent of just keeping inmates from testifying against Fuller's client.

Fuller told he denies the allegations and calls them baseless.

After the motion was filed for the DA's office to recuse itself from the Hayes case, the judge requested Fuller's presence in court.

His associate, Jay Daniels, told the judge Fuller was in another trial and unavailable. The motion hearing was reset for Wednesday.

Hayes remains locked up in a $1.75 million bond. He is accused of shooting and killing Smith on April 9 after a traffic accident and altercation.

Hayes is also accused of shooting Smith's wife.

He is charged with second-degree murder and attempted second-degree murder.

His trial is now set for Sept. 20.

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