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Cardell Hayes' defense granted right to perform DNA tests on evidence

Cardell Hayes' defense will do DNA tests on evidence in case (Source: Orleans Parish Criminal Sheriff's Office) Cardell Hayes' defense will do DNA tests on evidence in case (Source: Orleans Parish Criminal Sheriff's Office)
NEW ORLEANS, LA (WVUE) -

The defense team for the man charged with killing former New Orleans Saints player Will Smith wants to perform its own DNA tests on evidence in the case.

Cardell Hayes' attorney filed a motion in Orleans Criminal Court to get the shirt worn by former NOPD officer William Ceravolo from the night of the fatal shooting. Ceravolo was with Smith earlier that night and arrived on the scene in the Lower Garden District moments after the April 9 fatal shooting.

According to the motion, defense attorneys want to know if Will Smith's blood is on Ceravolo's shirt. The prosecution had no objection, saying the Louisiana State Police lab had already determined Ceravolo's shirt had no blood on it from Will Smith or his wife, Racquel Smith who was also shot that night. She survived.

Investigators say Cardell Hayes shot and killed Will Smith following a confrontation that included a vehicle crash.

Hayes' attorney claims his client fired in self-defense.

The judge granted the defense motion.

The case is set to go to trial December 1, 2016.

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