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re: Attorney for Smith family / Attorney for Hayes l Press Conference Recap

Posted on 4/13/16 at 10:40 pm to
Posted by bonethug0108
Avondale
Member since Mar 2013
12690 posts
Posted on 4/13/16 at 10:40 pm to
quote:

What they would not do is leave an exposed, loaded firearm from a murder scene in a car


Truth. So either Will didn't have his gun out or someone put it up.

And I doubt his bleeding wife or shocked friends thought enough ahead to pick the gun up.
Posted by bonethug0108
Avondale
Member since Mar 2013
12690 posts
Posted on 4/13/16 at 10:41 pm to
quote:


what would be the difference? lets say the gun is sitting on the floorboard or if its in the center console or in the side compartment on the door? I highly doubt that a wrecker service employee was allowed access to the interior of the vehicle without someone from nopd present or even at all in a high profile murder case like this. if it is that is a huge problem as smiths vehicle was essentially the crime scene.



Because exposed guns are put into evidence. They don't leave them lying around.

If they found the gun later they either fricked up, didn't look well for it, or it was locked up.
This post was edited on 4/13/16 at 10:43 pm
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 4/13/16 at 10:42 pm to
quote:

Because if they say Hayes' story now the prosecution will get a head start with picking it apart.


Probably, but he has no problem speaking freely about other witnesses, none of which are named and apparently none are talking to the police.

He probably wants to create enough doubt to get the charges dropped to manslaughter. Its what I would do if I were him. Remember, Hayes is only 28 and there is no minimum sentence in Louisiana for manslaughter.
Posted by yurintroubl
Dallas, Tx.
Member since Apr 2008
30192 posts
Posted on 4/13/16 at 10:43 pm to
quote:


And I doubt his bleeding wife or shocked friends thought enough ahead to pick the gun up.




Especially since she's laying on the sidewalk and whoever else is in the back seat. On the off chance another person handled Smith's gun within the vehicle - There will be fingerprints... and I'll admit I was mistaken.
Posted by Rocky4LSU
Covington
Member since Dec 2007
537 posts
Posted on 4/13/16 at 10:43 pm to
Nola.com
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/13/16 at 10:47 pm to
quote:

Because exposed guns are put into evidence. They don't leave them lying around.

If they found the gun later they either fricked up, didn't look well for it, or it was locked up.


do they look under the seat? I dont know, I just have a hard time believing that they didnt search the crime scene at the crime scene for weapons in a murder where self defense was brought up. who knows...
This post was edited on 4/13/16 at 10:47 pm
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290904 posts
Posted on 4/13/16 at 10:48 pm to
its understandable how you wouldnt have an answer to that statement. Speculation is fine by you as long as it looks good in Will Smith's favor.


ETA: please dont give in and respond to this. Just give downvote.
This post was edited on 4/13/16 at 10:49 pm
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 4/13/16 at 10:48 pm to
quote:

what would be the difference? lets say the gun is sitting on the floorboard or if its in the center console or in the side compartment on the door? I highly doubt that a wrecker service employee was allowed access to the interior of the vehicle without someone from nopd present or even at all in a high profile murder case like this. if it is that is a huge problem as smiths vehicle was essentially the crime scene.


Thats crazy. The wrecker company, even if its the parish has to touch the frick out of that car to get it on and off of the truck and into impound. Putting it in Neutral and chaining it down for example. No change an exposed, loaded gun isnt bagged.

If that was the case though, why didnt they just toss Hayes's murder weapon back into the hummer and let the wrecker take it to impound to be searched? See how silly that sounds?

ETA:
quote:

do they look under the seat? I dont know, I just have a hard time believing that they didnt search the crime scene at the crime scene for weapons in a murder where self defense was brought up. who knows...


Everyone is assuming this, but I haven't read where Fuller has said it, hence my theory about manslaughter.
This post was edited on 4/13/16 at 10:54 pm
Posted by diat150
Louisiana
Member since Jun 2005
47810 posts
Posted on 4/13/16 at 10:52 pm to
quote:

Thats crazy. The wrecker company, even if its the parish has to touch the frick out of that car to get it on and off of the truck and into impound. Putting it in Neutral and chaining it down for example. No change an exposed, loaded gun isnt bagged.

If that was the case though, why didnt they just toss Hayes's murder weapon back into the hummer and let the wrecker take it to impound to be searched? See how silly that sounds?


what sounds crazier is that they will allow an outsider access to a crime scene that hasnt been fully processed. dont know man.. I just have a hard time believing that they let that vehicle leave or be accessed by an outside organization without fully documenting the contents in the vehicle.
Posted by Tigerdew
The Garden District of Da' Parish
Member since Dec 2003
15418 posts
Posted on 4/13/16 at 10:54 pm to
quote:

Fuller is privy to more information and outside of the first 911 call, he has been on. He doesn't take this case out of the blue if he doesnt have something.



I think Fuller tipped his hand a bit in his evening press conference. He kept saying his client was legally not guilty with emphasis on "legally." He then chose to focus on his witness that claims they saw NOPD tamper wtth evidence. I think he's going after NOPD and he was Hayes' attorney for their first bout with the department so there may be some personal feelings there.

I am intersted in this rock solid video that will supposedly have Hayes out in a matter of days.
Posted by Vacherie Saint
Member since Aug 2015
47624 posts
Posted on 4/13/16 at 10:57 pm to
I just told you why. If the defense can show that police searched illegally, even on a technicality, anything they find can be declared inadmissible. The fourth amendment makes this a slippery slope. I believe impounded cars can be searched without a warrant, so that may have been another reason, but a warrant was obtained regardless.

ETA: think of a house where a murder went down. If there are loaded guns on the floor, in plain view - no problem. However, if police start rifling through closets and get a bunch of other shite without a warrant, that is a different story.
This post was edited on 4/13/16 at 11:00 pm
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290904 posts
Posted on 4/13/16 at 10:58 pm to
NOPD doesnt seem to want to release the video they have. I wonder why
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147175 posts
Posted on 4/13/16 at 10:59 pm to
quote:

what sounds crazier is that they will allow an outsider access to a crime scene that hasnt been fully processed. dont know man.. I just have a hard time believing that they let that vehicle leave or be accessed by an outside organization without fully documenting the contents in the vehicle.

I imagine anything that can be seen in the open by a cursory search is able to be picked up before a full search warrant is signed off on

meaning the only other stuff still in the vehicle is inside a closed compartment

also... I would think a tow truck driver wouldn't have to get into the vehicle... or at least wouldn't be around it without someone from CSI closely monitoring
Posted by Tigerdew
The Garden District of Da' Parish
Member since Dec 2003
15418 posts
Posted on 4/13/16 at 11:02 pm to
quote:

NOPD doesnt seem to want to release the video they have. I wonder why


It'll come out eventually. I just get the feelings Fuller is thinking bigger than just keeping his client out of Angola.
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290904 posts
Posted on 4/13/16 at 11:03 pm to
definitely seemed to have some animosity towards NOPD. Gut feeling but i think he has something
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147175 posts
Posted on 4/13/16 at 11:03 pm to
quote:

NOPD doesnt seem to want to release the video they have. I wonder why

well no shite... investigators don't really want to show their evidence at all b/c they want to catch potential suspects in lies

they'd rather the investigation go cleanly and turn everything over to the DA once it's closed and let them handle it
Posted by yurintroubl
Dallas, Tx.
Member since Apr 2008
30192 posts
Posted on 4/13/16 at 11:04 pm to
quote:


also... I would think a tow truck driver wouldn't have to get into the vehicle.


They don't need to. How do you think vehicles get removed when they are illegally parked?
Posted by Lester Earl
3rd Ward
Member since Nov 2003
290904 posts
Posted on 4/13/16 at 11:11 pm to
quote:

well no shite... investigators don't really want to show their evidence at all b/c they want to catch potential suspects in lies

they'd rather the investigation go cleanly and turn everything over to the DA once it's closed and let them handle it




But if it paints Hayes as the killer, is there anything to lose? Which leads me to believe it may not lean that way.
Posted by supadave3
Houston, TX
Member since Dec 2005
32176 posts
Posted on 4/13/16 at 11:13 pm to
Who is this Modock guy and what did he say in his tweet?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147175 posts
Posted on 4/13/16 at 11:15 pm to
quote:

But if it paints Hayes as the killer, is there anything to lose? Which leads me to believe it may not lean that way.

they don't want to show any evidence no matter who it may or may not implicate
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