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Updated November 7, 2000, 10:00 a.m. ET
Judge: Prosecutors must say why they exclude blacks from Carruth jury  
  

CHARLOTTE, N.C. (AP) — A judge ruled Monday that prosecutors in the Rae Carruth murder trial must explain why they are excluding blacks as jurors.

"The court wants rebuttal evidence from the state," Superior Court Judge Charles Lamm said after defense attorney David Rudolf renewed his claim that the jury selection process has been biased against blacks, particularly black men.

Rudolf objected after lead prosecutor Gentry Caudill used the state's 12th preemptory challenge to excuse a middle-aged black man who works as a detention officer in the Mecklenburg County Jail.

No new jury members were selected Monday. So far, 11 jurors have been selected; one more juror and four alternates must be seated before testimony can begin.

Carruth, 26, a former wide receiver for the Carolina Panthers, is charged with first-degree murder in the death of Cherica Adams, 24. She was eight months pregnant with his child when she was shot Nov. 16 as she sat in her car. She died a month later, but the baby boy, named Chancellor, survived.

If convicted, Carruth, who is charged with masterminding a plot to kill Adams, faces life in prison or the death penalty.

Rudolf said prosecutors have challenged eight of the 11 blacks in the jury pool who said they could impose the death penalty. Four of those eight are men.

Of the 11 jurors already chosen, eight are white and three are black women. Overall, seven jury members are men, and four are women.

Lamm recessed court until Tuesday to give prosecutors time to respond to his order. He wants them to give him their reasons, other than race and gender, for striking the prospective jurors who are black.

Rudolf said he wanted to question the last juror who was dismissed Monday, saying he might have been satisfied with him even though the man told Caudill he had contact with Carruth and three other co-defendants in the course of his duties at the jail.

"I didn't see any reason why he couldn't be fair," Rudolf said. "He hadn't formed an opinion."

In another development, Rudolf complained to Lamm about recent news leaks that he claims could prevent Carruth from getting a fair trial.

Over the weekend, The Charlotte Observer ran two stories based on transcripts that had not previously been made public. The first report, which appeared in Saturday's editions, included the complete 12-minute call made Nov. 16 by Carruth's mortally wounded girlfriend.

During the call, Cherica Adams told emergency dispatchers Carruth was at the scene when she was shot and drove away moments later.

Carruth maintains he was miles away when she was shot.

On Sunday, the Observer reported that Carruth told a family friend he didn't kill Adams, but also thought about having the woman attacked early in her pregnancy.

The friend, Wendy Lovette Cole, drove the car in which Carruth left Charlotte after learning that Adams died Dec. 14 of gunshot wounds. Carruth was discovered the next day in the trunk of Cole's car, which was parked outside a Wildersville, Tenn., motel.

Cole's spoke to Charlotte-Mecklenburg police investigators Jan. 12. The Observer said it obtained a copy of the 79-page transcript.

"Someone apparently is determined to prevent us from having a fair trial," Rudolf said outside the courthouse.

 

 
 


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