Cardell Hayes Trial for the Murder of Will Smith:
Jury selection took place in New Orleans on Monday in the murder trial of Cardell Hayes for the murder of former New Orleans Saints DE Will Smith. Voir dire questioning took place all day and was finally completed at 9:42 PM. The jury composition is 8 women, 4 men. 7 white, 5 black. Defense attorney @CJMordock (who is not involved with the case) covered much of the voir dire questioning on Twitter and has also projected what to expect in opening statements and projected lines of questioning:
Day 2 of #CardellHayes trial. Prosecution is required to give an opening statement. Defense can waive or wait until the start of their case
— CJ Mordock (@CJMordock) December 6, 2016
Fuller won’t. He’ll give an opening statement following the state’s. Opening statement is not a time for argument
— CJ Mordock (@CJMordock) December 6, 2016
C.J. Mordock (@CJMordock) via Twitter on what to expect from Prosecution’s opening statement:
“Prosecution will tell a story. Expect them to play heavy on football and Saints imagery. Talk about Will Smith as a family man and husband. They’ll have a big picture of him as a visual. They’ll retrace the timeline of April 9th. Talk about Smith and Racquel’s day at French Quarter Fest, their dinner with Ceravolo and Pierre at Sake Cafe. Then contrast that will the violent end to the evening. They will minimize the alleged hit and run. Say no damage to Hayes’ H2. Hayes then accelerated after Smith ending in him rear ending Smith’s G wagon violently. They will paint Hayes has being angry and violent firing first at Smith, then indiscriminately hitting Racquel in the leg. They’ll state there’s no evidence Hayes called 911. He had no choice but to stay on the scene. And ask for a guilty verdict on all counts. In Louisiana, defense lawyers are given such little discovery that we are hamstrung during opening statements. Now, I know Fuller has done a Full investigation. He still doesn’t know exactly what the prosecution witness will say. Therefore his goal in opening statement are few. He’ll want to humanize Cardell Hayes. Point out his family members that are in the court room. Talk about his football career. He may mention that Hayes’ dad was killed by NOPD, if he thinks he can get away with it. He’ll certainly talk about Will Smith as the aggressor. He’ll mention Smith’s domestic violence arrest. Then I would expect him to dovetail into Racquel Smith. What he expects her to say and what evidence he has that shows why you shouldn’t believe her. He’ll end discussing NOPD and how the investigation was poor and what they failed ro do that might cause people to view case differently. We’ll definitely get some testimony tomorrow. State will call a close relative of Will Smith as the first witness, not Racquel as her cross [examination] will be brutal. But someone who can humanize Will Smith and talk about the loss and how it has affected his family. Generate sympathy. Most of their testimony won’t be relevant. Fuller will stand up on cross and say “I am sorry for your loss.”‘and sit down. I’d expect the next witness to be an NOPD first responder. They’ll want to establish that a crime occurred. Identify injuries etc. Then the state will want to play some 911 calls. They’ll call the custodian of records and use the biz records exception to the hearsay rule to get the incident recall, a sheet of paper showing time of call, date of call, phone number called from and the calls themselves. The state will want to end the first day’s testimony at that point. We’ll see if Judge Buras pushes them beyond that.”
And for background on the case and more of what may be expected, be sure to read this SI article by Michael McCann
Jury selection in the trial of Cardell Hayes, the man accused of murdering former New Orleans Saints d-lineman Will Smith – more on @SInow: https://t.co/AdmFbTKEe6
— Michael McCann (@McCannSportsLaw) December 5, 2016
Mike Pennel Hearing Update:
BREAKING: Mike Pennel settles lawsuit with NFL and NFLPA. Stipulated order to be filed shortly.
— Daniel Wallach (@WALLACHLEGAL) December 5, 2016
In other words, the parties settled. Will be interested to see if Pennel and the NFL agreed to a reduced suspension. https://t.co/aDGWgAdqWD
— Dan Werly (@WerlySportsLaw) December 5, 2016
@SheillaDingus @WALLACHLEGAL #Pennel case vs. @NFL has been resolved (unless the judge is just referring to the subpoena issue). pic.twitter.com/iTFysU30uL
— David Evans (@devansADR) December 5, 2016
Seantrel Henderson Suspension:
NFL Punishing Player For Using Medical Marijuana To Treat Crohn’s Disease https://t.co/lLebsMFl7j
— Sheilla Dingus (@SheillaDingus) December 5, 2016
Domestic Violence and Sexual Assault in Sports:
MLB: Jeurys Familia
How MLB gained more leeway to discipline Jeurys Familia through new rule on witness tampering, via @KenDavidoff https://t.co/m0GsmRiLpW
— Daniel Wallach (@WALLACHLEGAL) December 5, 2016
NBA: Derrick Rose
Derrick Rose’s accuser previews her appeal arguments in court filing:
“Pertinent evidence” excluded
Jury instructions “tainted” pic.twitter.com/TAYA685cK4
— Dan Werly (@WerlySportsLaw) December 5, 2016
Rose’s lawyers, obviously, view the appeal differently, saying it is “frivolous” and “has no merit at all.” pic.twitter.com/uAtTfv9XbU
— Dan Werly (@WerlySportsLaw) December 5, 2016
Concussion Discussion:
It’s time to leave the Stone Age of concussion protocol https://t.co/6BrvduzVr0
— Sheilla Dingus (@SheillaDingus) December 5, 2016
NFL Concussion Protocol Imperfect, Long Fails Re-Test https://t.co/nDNCwhTs2h via @Brian_Tinsman
— Sheilla Dingus (@SheillaDingus) December 5, 2016
Connor McDavid’s Anger Shows The NHL’s Concussion Protocol Working Like It Should https://t.co/Y9GX0WOVD2
— Sheilla Dingus (@SheillaDingus) December 5, 2016
NBA: Matt Barnes Sought by NYPD Regarding Assault at NYC Nightclub
Matt Barnes’ lawyer says Barnes was defending himself from attackers at a club. We’ll see if NYPD agrees. Charges or not, MB could be sued. https://t.co/5pK0nNMe4X
— Michael McCann (@McCannSportsLaw) December 5, 2016
Matt Barnes accused of choking woman in nightclub, via @jmhendricks88 https://t.co/SwOfv3y1fV
— Daniel Wallach (@WALLACHLEGAL) December 5, 2016
Seventh Circuit Rules that Student Athletes are Not Employees
7th Circuit: “student-athlete ‘play’ is not ‘work'” thus not employees eligible for minimum wage. pic.twitter.com/Y6pfR6mo2d
— Dan Werly (@WerlySportsLaw) December 6, 2016
This is rich: 7th Circuit, wearing white wigs, find that college athletes are like prisoners under the FLSA, and therefore not employees https://t.co/LrLUkUX1T1
— wwilson (@brewonsouthu) December 6, 2016
UFC & MMA:
MMAAA advisor says the fight for fighter unionization “is gonna get uglier and uglier”, via @BloodyElbow #MMA #UFC
https://t.co/BfBj6BI68n— Daniel Wallach (@WALLACHLEGAL) December 6, 2016
Cole Miller on union need: UFC is ‘treating me like I’m a piece of malfunctioned or old equipment’ https://t.co/LsFCpJmfSk
— Bloody Elbow (@BloodyElbow) December 5, 2016
This & That:
Congratulations @WerlySportsLaw! Lots of great achievements over the past year & very much looking forward to year 2! https://t.co/7z48nZxRkc
— Sheilla Dingus (@SheillaDingus) December 5, 2016
Manning and Favre congratulate Brady, Roger Goodell does not https://t.co/Z74VMFPYci via @TylerSully @247Sports
— Sheilla Dingus (@SheillaDingus) December 5, 2016
Jets owner Woody Johnson reportedly under consideration for U.K. ambassadorship https://t.co/mQ6K5qeCJW
— ProFootballTalk (@ProFootballTalk) December 5, 2016
Yesterday not kind to NFL broadcasters. All 4 windows down in overnight ratings. Panthers-Seahawks was lowest Week 13 “SNF” in many years
— Austin Karp (@AustinKarp) December 5, 2016