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Cardell Hayes asks to testify before grand jury weighing Will Smith murder indictment

(Courtesy of Orleans Parish Sheriff's Office)

Cardell Hayes, the man accused of killing former Saints defensive end Will Smith, wants to testify before the Orleans Parish grand jury that will decide whether to indict him for second-degree murder, according to a source familiar with the case.

Hayes' defense attorney John Fuller did not return messages Thursday (April 21) seeking comment on the maneuver, which is both unusual and out of his control. District Attorney Leon Cannizzaro's office has sole discretion over which witnesses to bring before a grand jury.

Criminal defendants rarely seek to testify in such a setting, because their defense attorneys are not allowed to argue, object or speak to jurors during the secret closed proceeding.