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Defense strategy

Carruth attorneys offer version of Adams' murder

Click here for more on this story
Posted: Wednesday October 18, 2000 2:28 PM
Updated: Wednesday October 18, 2000 5:00 PM

  Rae Carruth Rae Carruth faces the death penalty if convicted in the murder of Cherica Adams. AP

By Leslie Boghosian, CNNSI.com

Less than a week before former Carolina Panthers wide receiver Rae Carruth is scheduled to go to trial for the murder of his pregnant girlfriend, his lawyers filed a motion Wednesday in Mecklenburg County, N.C., Superior Court. It contends the Nov. 16, 1999, shooting of Cherica Adams was an unintended consequence of a drug transaction gone sour, and not a murder for hire as the prosecution alleges.

In the motion, which discloses a significant portion of its defense strategy, the Carruth team asks the court to order investigators to tell what they know about drug dealing by two of Carruth's co-defendants, Van Brett Watkins and Michael Kennedy. Prosecutors say that Watkins was one of three men Carruth hired to kill Adams. But the defense motion recounts an alleged conversation between Watkins and a prison sergeant in which Watkins is said to have told the sergeant that he killed Adams in a sudden rage.

Watkins has already admitted to firing the shots that killed Adams, and has agreed to testify against Carruth, Kennedy and a third man, Stanley Abraham. The court has accepted Watkins's guilty plea to conspiracy to commit second degree murder. The prosecution has charged Carruth with enlisting Watkins, Kennedy and Abraham to kill Adams. Carruth has pleaded not guilty and has been held without bail since being apprehended on the night of Dec. 15 while hiding in the trunk of a friend's car. Kennedy and Abraham also have pleaded not guilty, and are awaiting separate trials.

Watkins note Hand-written notes a prison sergeant made of alleged conversation with Van Brett Watkins.  

Carruth's attorneys claim in the motion that the events leading up to the murder began with Watkins and Kennedy feeling betrayed by Carruth for changing his mind about loaning Kennedy money to purchase a quantity of marijuana from Watkins.

The motion further contends the following: On one occasion in October 1999, Watkins was at Carruth's house and called Carruth and Kennedy over to his U-Haul truck and showed them a brick of marijuana. Watkins said that if they were interested he could get more. Kennedy was interested and asked Carruth if he could borrow some money. Carruth initially agreed to loan Kennedy the money, but changed his mind when Watkins arrived at Carruth's house with the drugs. After a heated exchange, Carruth agreed to call Kennedy later that night. But first he had a date with Adams to see a movie.

 
Motion Analysis

By Lester Munson, SI legal analyst

Rae Carruth and his lawyers now offer a new look at the death of Cherica Adams. They want us to believe that Adams was shot four times by Van Brett Watkins as the result of a temper tantrum during an argument over a $5,000 nickel-and-dime drug deal.

There is some chance that all of this could have happened the way Carruth says it happened. Watkins is a diagnosed and medicated psychopath. He has admitted he is guilty of firing four shots into Adams. And he has been in and out of the drug business.

But why are Carruth and his attorneys raising these issues on the eve of Carruth's trial in Charlotte? The answers lie in the oft-heard legal terms "credibility" and "reasonable doubt."

Watkins, at this point, is the main witness against Carruth. He has agreed to plead guilty in return for a lesser sentence. His importance as a witness may change if prosecutors are able to make plea bargains with another co-defendant, Michael Kennedy, and others in return for additional testimony against Carruth.

But with Watkins as the key witness, Carruth's attorneys are attacking Watkins' credibility even before the trial begins. They want the pool of jurors to know on the eve of the trial that Watkins is a psycho drug dealer who cannot be trusted with the truth. What better way to sell this notion than with a newsworthy court filing as the trial starts?

If the gambit works, David Rudolf, Carruth's lead lawyer, will also have a chance to rehearse his cross-examination of Watkins in a pre-trial hearing. It will help him enormously as he prepares his attack on Watkins' credibility in the trial itself. Carruth's life hangs in the balance as the jury decides whether Watkins has any credibility when he says Carruth is responsible for the murder.

Floating this story also begins the process of establishing reasonable doubt about Carruth's guilt. They are not waiting for the trial. They're starting early. If even a few jurors believe any part of the $5,000 marijuana story, it will be the basis for a reasonable doubt. It is the kind of thing that defense lawyers love. They hope there is just enough plausibility to the story to cast doubt on the prosecution's Carruth-as-mastermind story.

This is a well-timed piece of work by Carruth's attorneys. It may plant the seeds that lead to a not-guilty verdict several weeks from now.

 

Carruth claimed in an interview with the FBI on Dec. 15 that he and Adams left the movie and went to his house to pick up a second car. The two cars were headed for Adams's house, Carruth told the FBI, until Adams pulled alongside Carruth's car and she told him she did not want him to spend the night with her. Carruth's account is that he drove off, calling a girlfriend in Atlanta from his cellphone, and wound up at the home of Panthers teammate Hannibal Navies where the two played video games until Carruth received a page summoning him to the hospital. It was only then, he told the FBI, that he learned Adams had been shot. Carruth also claims in the report that Watkins and Kennedy had come to his house earlier that evening, and he felt that they were trying to get money from him.

The defense motion filed Wednesday alleges that Kennedy spoke once on the telephone with Carruth after the movie and that Carruth repeated his refusal to loan Kennedy the money. According to the motion, Kennedy and Watkins then attempted to follow Carruth and pulled alongside Adams to ask her where Carruth was headed.

The defense motion alleges that, in his prison conversation with the sergeant, Watkins said he tried to ask Adams where Carruth was going, but she responded to his attempts with an obscene gesture. In a rage, Watkins told the sergeant, he shot Adams.

The prison sergeant made handwritten notes on the conversation with Watkins. Copies of the notes were obtained by CNN/Sports Illustrated. Quoting from the notes, the defense motion says that Watkins told the sergeant, "I had Kennedy pull along Cherica's car so we could see which way Rae was headed. I started waving my arms to get her attention. She slowed down. I think she may have thought we wanted to pass her. I was motioning for her to roll her window down. I just wanted to ask her if she knew where Rae was going. She slowed down some more. She looked over at the car and seen us, she flipped me off. Sergeant [name deleted], I lost it. I just started shooting. Sergeant [name deleted], it was Rae's fault. If he had just given us the money none of this would have happened."

Asked for a response to the defense motion, Mecklenburg County assistant district attorney David Graham said, "Our office does not engage in trying our cases in the media. We have no comment at this time."

When asked about the credibility of the prison sergeant who made notes on the conversation with Watkins, Graham said, "It's improper for me to comment about that at this time."


 
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Panthers' Carruth apprehended in Tennessee
Carruth court filing assails statements by police
Carruth waives extradition; DA to seek death penalty
Carruth wants to be first to trial for death of girlfriend
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