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Carruth back in court Tuesday Death penalty hearing scheduled for four co-defendants
Posted: Tuesday February 15, 2000 01:56 AM
CHARLOTTE (AP) -- As one judge appointed a receiver to size up Rae Carruth's assets, another prepared to hear from prosecutors pursuing the death penalty against the former NFL player and three others charged with slaying Cherica Adams. A hearing is scheduled for Tuesday morning to discuss plans by prosecutors to seek the death penalty against Carruth and his co-defendants. The men are charged with first-degree murder in the drive-by shooting of Adams, 24, in her car Nov. 16. Hours later, she gave birth to a son, Chancellor, who was 10 weeks premature. Adams died Dec. 14. On Monday, Mecklenburg County District Judge Yvonne Mims Evans named a receiver to review Carruth's assets to determine how much child support he should pay for his infant son while he is awaiting trial. With Carruth and his mother, Theodry Carruth, in the courtroom, Evans appointed Elizabeth Hodges as receiver, with instructions she must make a report to Evans by Feb. 23. Adams' mother, Saundra Adams, now has temporary custody of Chancellor and is seeking permanent custody. In the meantime, Carruth is paying $3,000 a month in child support. His estimated $480,000 in assets remain frozen pending the outcome of the custody case. His lawyers want the money freed so he can pay legal fees. Hodges is expected to review Carruth's 1999 tax return, put his Charlotte home up for sale and liquidate his 401K retirement plan. "He [Carruth] wants to sell his house and liquidate his assets," Carruth's attorney, Kenneth Spaulding, told the judge. "He wants to continue to support his children." Carruth also is paying $3,000 a month in child support for another son, Rae, 5, who lives with his mother in Sacramento, Calif. Carruth, a 1997 first-round draft pick from the University of Colorado, signed a four-year, $3.7 million contract and received a $1.3 million signing bonus. He was earning $38,382 a game until the Panthers waived him in December after he was charged. Spaulding also asked Evans on Monday to approve a request by Carruth's mother to visit her grandson so she can give him toys, pajamas and other presents from a baby shower she held in California. "We've got a big bundle of love and support from Sacramento," she said after the hearing. "Right now, all we've been able to send him is our prayers." Evans turned to Billie Ellerbe, Saundra Adams' attorney, and said, "There will be a visit this week." "Yes, ma'am," he responded. But as the two grandmothers left the courtroom, Theodry Carruth was unable to arrange a visitation site with Saundra Adams, who was rushing down the hallway with family members. "You could bring him over to the house," Theodry Carruth said as Saundra Adams walked away.
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