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CHARLOTTE, N.C. (Court TV) Rae Carruth's defense lawyer didn't manage to poke any huge holes in the testimony of co-defendant Michael Eugene Kennedy, but the former Carolina Panther's attorney did succeed in raising some serious doubts about the witness himself.
Defense attorney David Rudolf began hammering away at Kennedy, making good on his promise to question him "until the cows come home." In what was his third day on the stand, Kennedy doggedly stuck to his story that Carruth masterminded the drive-by shooting of his pregnant girlfriend Cherica Adams. But Rudolf did manage to plant a seed in jurors minds that the Nov. 16, 1999, shooting was the result of a drug dispute, not a murder plot.
Under questioning by the prosecution Monday morning, Kennedy admitted to selling drugs, but in his cross-examination Rudolf succeeded in getting the witness to disclose other drug and weapons offenses as well as charges that he shot a man in the stomach who had testified against his cousin in a federal trial.
Kennedy initially denied even knowing the man who was shot but then admitted that he knew him, although not well, through a cousin. Rudolf claimed that the victim identified Kennedy in a photo lineup and was familiar with his nickname but that the case was dismissed after the victim himself was jailed on drug charges and unable to testify. Kennedy denied that allegation, saying the real reason the case was dropped was because "they had the wrong guy."
Rudolf kept hammering away at Kennedy's credibility, asking him about his street name "Little Man," his customers, a supplier named Philip and family members who sold and abused drugs.
"I'm pretty sure we all have family that has a drug problem," Kennedy said.
Although few details about the shooting were presented to the jury for the first time during Monday afternoon's cross-examination, Rudolf emphasized that Kennedy was the driver, referring to him as the "wheelman," and reminded Kennedy several times that he had purchased the gun used to shoot Adams.
Rudolf also asked about Kennedy's claim that Carruth threatened him into taking part in the alleged plot.
Kennedy testified that Carruth asked to borrow a "hooptie" an inconspicuous car to use in a plot to kill Adams and her unborn baby and told Kennedy to report it stolen. Kennedy claims that after he and Carruth's former girlfriend both refused to lend him a car, the football player threatened to kill Kennedy if he didn't act as the driver.
"He asked me to help him and if not he said I knew about it and I would be next," he said.
"I could lend him the car and report it stolen or I could drive the car in a drive-by shooting maybe I should lend him the car," said Rudolf sarcastically, prefacing a question about why Kennedy didn't protest.
But Kennedy explained that his fear took over.
"At the time I wasn't thinking straight," he said.
The defense tried to cast doubts on Kennedy's motives for testifying. Rudolf implied that there was a link between Kennedy's decision to testify and a statement investigators had obtained from a man who claims that Kennedy sold him crack cocaine. According to Rudolf, the statement was obtained less than 24 hours before Kennedy met with prosecutors to review his testimony.
Kennedy who took the stand with no immunity after previously rejecting two plea offers by prosecutors which would have spared him a possible death sentence denied knowledge of those allegations. Rather, he said his motivation was to tell the truth for the sake of Adams' family.
"I mean, we can take a break right now and you could enter a guilt plea, right?" Rudolf said, in a sarcastic attempt to call his bluff.
Kennedy admitted that while he naturally would like the charges dropped against himself and co-defendant Stanley Abraham, that's not a likely prospect.
"I would want it to be dismissed but I'm pretty sure it won't be dismissed," he said.
"The thought is still rolling around in your brain that maybe if you do a good enough job here, these folks might still reconsider and dismiss the charges, right?" Rudolf asked.
"No sir," Kennedy resisted.
Rudolf will continue to cross-examine Kennedy Tuesday morning.
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