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Prosecution Witnesses
 
Updated November 28, 2000, 12:30 p.m. ET
Carruth co-defendant still on hot seat  
  

CHARLOTTE (Court TV) — Rae Carruth's defense subjected Michael Kennedy, the NFL player's co-defendant and a key prosecution witness, to a second day of painstakingly detailed cross-examination Tuesday.

The previously unflappable Kennedy, who claims Carruth masterminded the murder of Cherica Adams, appeared increasingly frustrated as defense attorney David Rudolf grilled him about inconsistencies in his statements about the fatal shooting.

"I don't know, sir, it's been over a year," Kennedy sighed at one point as Rudolf asked him repeatedly to recall the date of a meeting with Carruth. But Rudolf pressed on, using charts, transcripts and police records to suggest Kennedy changed his account of the murder several times to match the state's theory.

Discrediting Kennedy, who admits being the "wheelman" in the drive-by shooting of Adams, a 24-year-old pregnant with Carruth's baby, is crucial to the football player's defense, a fact acknowledged by Rudolf last week when he promised to question Kennedy "until the cows come home."

On Tuesday — his fourth day on the stand — Kennedy maintained a polite demeanor, speaking softly and consistently addressing Rudolf as "sir," but he flashed his displeasure with the lawyer's questioning several times.

When Rudolf asked, "If you hadn't bought the gun, this murder would've never occurred would it?" Kennedy shot back, "If Rae would've never threatened me and gave me the money for the gun, it would've never occurred, sir."

Kennedy, who will face the death penalty at a subsequent trial, stunned court observers last week when he waived his right against self-incrimination and took the stand for the state without a plea deal. He not only acknowledged supplying triggerman Van Brett Watkins with the gun, but also admitted he was a crack dealer with two prior convictions for weapons possession.

Rudolf seized on his criminal history Monday, telling jurors that Kennedy had been the prime suspect in another shooting although the charges were later dropped. On Tuesday, Rudolf and Kennedy clashed about his character again during an exchange about whether the gun used in the Adams shooting was purchased "on the street."

"That's where people get guns, people like you?" Rudolf asked.

"What do you mean 'people like me,' sir?" an indignant Kennedy replied.

"I mean people that deal drugs and shoot people," Rudolf shot back.

The attorney focused his questions on disparities between Kennedy's trial testimony and a pair of statements he gave police in the weeks after the November 16, 1999 shooting. Kennedy testified that Carruth forced him to participate in the shooting and when he tried to extricate himself, Carruth gave him an "iron-face look" and told him "you're next."

But Kennedy acknowledged that he never told investigators about the look or the specific wording of the threat in previous statements. In fact, according to police reports Rudolf read to the jury, Kennedy told detectives that there were no explicit threats.

At first, Kennedy explained that Carruth's threats were "implicit" not explicit, but he later backpedaled, admitting that "you're next" was explicit.

He also acknowledged that the testimony he gave about Carruth's motive for murder was much more detailed than what he told investigators shortly after his arrest. Then, he told detectives that Carruth accused Adams of "setting him up," but when the officers pressed him on what that meant, he said he did not know.

On the stand, however, Kennedy told jurors that Carruth felt Adams had timed her ovulation to become pregnant by Carruth and get money from him.

Kennedy said he was nervous during the police questioning and had volunteered every detail he knew.

The cross examination was scheduled to continue Tuesday afternoon.

 

 
 


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