A man convicted in the shooting death of retired New Orleans Saints star Will Smith has appealed the conviction and 25-year-sentence arising from a confrontation after a 2016 traffic collision.

Cardell Hayes was convicted of manslaughter in December 2016 in Smith's death and of attempted manslaughter because Smith's wife Josh Lambo Jersey , Raquel, was shot in both legs during the encounter in April of that year.

But Hayes' attorney Paul Barker wrote in an appeal filed Thursday that the judge who tried Hayes should have granted a new trial because a witness who contacted Barker the day after Hayes' conviction said he had heard two guns at the time of the shooting, buttressing Hayes' claim that he had fired in self-defense.

Prosecutors on Friday rejected the arguments as "falsehoods."

Hayes' lawyers had argued at trial that he only fired because the retired NFL player was drunk and violent and had grabbed a gun following their collision. No one else testified Smith ever held a gun. A loaded .9-mm semi-automatic handgun was found loaded but unused on the front seat of Smith's car.

Barker's appeal Thursday also contended the trial judge, Camille Buras, should have allowed testimony about Smith's 2010 arrest on a domestic abuse charge. That would have shown he could be violent when drunk, Barker wrote. Barker also wrote in the filing that other errors included allowing victim impact testimony before the trial's sentencing phase, and by "suggestively" re-reading jury instructions.

District Attorney Leon Cannizzaro said in a statement Friday that prosecutors had proved Hayes' guilt and that Buras managed "this difficult trial fairly and impeccably."

"The falsehoods within this appeal make only one thing clear: That Cardell Hayes has yet to accept the consequences of his rash decision to open fire on an innocent couple," the emailed statement said. It added that Hayes' latest arguments make clear he "has yet to begin the rehabilitation necessary to one day return as a responsible and law-abiding member of our community."

Smith, a 34-year-old father of three, was a defensive leader on the Saints team that lifted spirits in New Orleans after Hurricane Katrina hit in 2005. He helped carry the team to a winning season in 2006 and a Super Bowl victory four years later. His death in a dispute over traffic was shocking, even for a city with a high rate of homicides.

In his filing Thursday, Barker said a new witness, Michael Burnside, emailed him the last day of the trial Anthony Munoz Jersey , when he was not checking email because he was "preoccupied with closing arguments and jury deliberations." The email said Burnside had heard two guns at the time Smith was shot. Reached the next day, Burnside said he had heard four "baps" consistent with a small-caliber gun before a "boom" consistent with a larger-caliber weapon like Hayes'.

"Mr. Burnside states that the first "boom" of the larger caliber weapon overlapped the last "bap" of the smaller caliber weapon," Barker wrote. That backs up Hayes' testimony that Smith fired at him first, he said.

Barker also said the judge didn't let trial lawyer John Fuller question retired Saints running back Deuce McAllister, the first prosecution witness, about Smith's "arrest for abusing Raquel Smith while out at a bar in Lafayette."

Smith was arrested outside a bar, accused of pulling his wife down the street by her hair. He was indicted in 2011 on misdemeanor charges of domestic abuse battery and public intoxication. Lafayette Parish prosecutors dropped the charges in 2012 after Smith completed community service and participated in counseling.

McAlister had testified about Smith's good character, opening the way to rebuttal testimony which the judge didn't allow, Barker wrote.

"The state elicited pages of testimony from Deuce McAllister detailing the good moral qualities of the victim, the tremendous impact on the victim's family, and the impact on the New Orleans Saints franchise," he wrote.

He said that "went beyond the proper scope of examination," causing prejudice against Hayes and violating his right to a fair trial.


Nate Schmidt spent the previous four seasons playing for the Washington Capitals, and he personally experienced the heartbreak of their recent playoff disappointments. The defenseman understands why many people thought this talented Quenton Nelson Jersey , experienced team might never win a championship.

Schmidt and his many good friends with the Caps are finally in the Stanley Cup Final this week. Only they’re on opposite benches after the Vegas Golden Knights grabbed Schmidt in the expansion draft and wouldn’t give him back.

Schmidt was Washington’s sixth defenseman last season, but he now leads the Golden Knights in ice time. The improbable matchup in Monday night’s series opener puts a bewildered grin on Schmidt’s face.

”Yeah, I don’t think you could have written this up any better for me,” he said Sunday.

Both of his franchises are in the midst of banner years, and Schmidt won’t argue with the idea that he deserves a small part of the credit.

Or maybe the blame.

”I really enjoyed my time in Washington,” Schmidt said. ”I thought that team was special, and we still had a good chance to go and do something, and here they are, proving it.”

Schmidt stops himself as another grin invades his serious interview session.

”I must have been the reason why!” he said. ”I must have been the problem.”

Not likely. Schmidt’s irrepressible personality and two-way acumen have made him one of the Golden Knights’ most valuable players during their improbable inaugural season.

He surpassed his previous career highs with five goals and 31 assists while doing steady work on the back end. Given extensive responsibilities in Vegas after playing a smaller role in Washington, Schmidt has taken a major step forward.

”The perception of your game could be remodeled and redone, and I think that’s the coolest part of what we’ve been able to do here in Vegas,” Schmidt said. ”You have guys that have been able to revamp their image or revamp their style, and for other guys to grow into the players that people may not have thought they could be.”

Schmidt might have had this success in Washington if he had stuck around. He had begun to assert himself in a pairing with John Carlson, the Caps’ No. 1 defenseman.

”We were playing together last season Damarious Randall Jersey , and that’s probably how it would have started out again this season,” said Carlson, who led all NHL blueliners this season with 68 points. ”So there’s a little disappointment from that, but obviously he’s done really well for himself. That’s no surprise. I wish him all the best, but not for these next two weeks.”

Schmidt has been particularly effective in the playoffs. Partnered with former Kings defenseman Brayden McNabb in the Knights’ top pairing, Schmidt has provided energy, timely scoring and strong back-end play while Vegas roared past Los Angeles, San Jose and Winnipeg with just three losses.

Schmidt knows more about the Caps than his teammates, so he realizes the enormity of their task. He’ll lead the Golden Knights’ efforts to minimize Alex Ovechkin’s time and space with the puck.

”He’s a beast,” Schmidt said. ”I played against him in practice for a long time, so hopefully I know a few tendencies of his. But in reality, he’s a player that can shoot the puck from anywhere.”

Schmidt’s unusual perspective on this series is matched only by Vegas general manager George McPhee. Before the Caps fired him in 2014, McPhee acquired many of the players on Washington’s roster – including Schmidt, an undrafted free agent out of the University of Minnesota Jerrell Freeman Jersey , in 2013.

McPhee acquired him again last summer for Vegas, but Washington general manager Brian MacLellan tried hard to keep him with a post-draft trade. If anybody could have made a deal, it’s these two men, who have known each other for 44 years since their bantam playing days in Guelph, Ontario, followed by college careers at Bowling Green and several years together in Washington’s front office.

Not even a childhood friendship could keep Schmidt away from his new destiny in Vegas.

”We made our selection, and then he called and asked if there’s any way we could do a deal for him to get Schmidt back,” McPhee recalled. ”And I said, `I don’t see anything, but we’ll try to come up with something to give you a chance to say no.’ We made a proposal that I didn’t think would work, and it didn’t work. Our guys liked Schmidt.”

—

More Stanley Cup coverage: .

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