By Mary Jane Stevenson
Court TV
CHARLOTTE, N.C. (Court TV) After dozens of witnesses spoke on his behalf and one hurled profanities at him, Rae Carruth maintained his right to remain silent.
Defense attorney David Rudolf rested his case Wednesday after 12 days and
38 witnesses, saying he was satisfied he had established reasonable doubt
and didn't need his client's testimony.
"Rae wasn't there at the scene," Rudolf said. "Only [confessed killer] Van
Brett Watkins was."
Did Rudolf make the right decision? The jury will be the final arbiter. But
some trial watchers are skeptical.
"As a juror, I'd want to hear this cherubic young man who's never been in
trouble, who likes children, God, motherhood, and Apple pie to stand up and
say 'I didn't do it, ladies and gentlemen,'" said former Mecklenburg County
District Attorney Tom Moore.
Rudolf apparently is banking that Watkins, the man who opened fire on
Cherica Adams, had done enough damage to the prosecution's case to warrant
Carruth's resounding silence.
And with the former wide receiver sidelined, the killer became much more
memorable than even the NFL stars who preceded him.
After striking a sweet deal with prosecutors to avoid the death penalty,
Watkins was once expected to be the state's star witness. But ultimately
Rudolf was the only one who would risk putting the career criminal on the
stand.
And for anyone who held his breath in vain during the prosecution's
case-in-chief, it was worth the wait.
With his well-known proclamation "That's the bitch I was talking about Rae
Carruth," Watkins became the most electrifying witness in the recent
memories of even the most veteran court watchers. For two days he kept a
packed courtroom of spectators and reporters on the edges of their seats
and forced Carruth's mother and Adams' stepmother to leave the courtroom in
tears.
Histrionics aside, the question for Rudolf is whether he misfired when he
called the triggerman, who would finger Carruth as the mastermind behind
the shooting of the mother of his unborn child.
Some observers and legal experts said Rudolf must have had his eyes half
shut when he put on a witness who would put his client at the crime scene,
repeat gruesome details of the shooting and insist Carruth hired him to do
it.
"The risk is nailing his damn client. That's the paramount risk," said
former prosecutor Moore. "You have direct testimony from the perpetrator of
the crime that Rae Carruth paid him to kill Cherica Adams."
But Rudolf says he went into the situation fully aware of what he would
encounter with Watkins a violent and psychotic felon in the hot seat. In
fact Rudolf seemed to relish it.
"I think what they saw when he lost his temper and started threatening me
was exactly the kind of person who would shoot somebody in a rage," he said.
Still Rudolf admits he couldn't anticipate Watkins' reaction when he played
a portion of the 911 tape of Cherica Adams moaning in pain.
Rudolf asked Watkins, "Did you say I hope the bitch dies'?"
Leaning over the witness box, Watkins pointed at the former NFL first-round
pick.
"That's the bitch I'm talking about," he said. "Rae Carruth."
"I wasn't expecting him to say that," Rudolf now says, "but neither was it
terribly credible. The only person who was dying was Cherica Adams."
Rudolf said he had no choice but to call Watkins, whose own words make up
the lynchpin of the defense. Judge Charles Lamm ruled it was the only way
Rudolf could introduce a jail guard's claim that Watkins told her he shot
Adams out of rage after Adams flipped him off not because Carruth hired
him to do so. And so Rudolf, aware of the risks, rolled the dice.
"It was a calculated risk the defense had to take," said defense attorney
James Wyatt. "Otherwise there was no evidence of a drug deal gone bad.
Watkins provided the legal basis for that evidence."
In court, Watkins denied making the statement attributed to him by
Mecklenburg Sheriff's Sergeant Shirley Riddle, who testified that Watkins
told her he pulled alongside Adams' car so he could ask where Carruth was
going, but that Adams flipped him off and he "just lost it."
According to Riddle, Watkins said, "I lost control. I just started
shooting," and "It was Rae's fault. If he had just given us the money, none
of this would have happened."
According to the defense, that money was to finance a drug deal but when
Carruth backed out Watkins went into a rage.
But Watkins likened Riddle to the National Enquirer, an attention seeker
who cozied up to high-profile inmates and lied for fifteen minutes of fame.
For two days Watkins ranted about his life as a criminal in "the jungle" of
New York City, lobbed death threats at Rudolf and with much bravado
admitted stabbing his own brother, setting a fellow inmate on fire and
chasing his wife with a meat cleaver. He menaced Rudolf, warning he could
kill the lawyer with his own hands.
In the shadow of the burly convict, Riddle appeared nervous and frail. But
she stuck by her account and added that she later overheard Watkins on the
phone the day Adams died. Riddle said she heard Watkins say he was trying
to get in touch with "Candace." Rudolf interpreted him to mean Candace
Smith, Carruth's ex-girlfriend who earlier testified that Carruth confessed
to her.
Rudolf hoped that linking Smith with Watkins would convince the jury that
two key accusers were in cahoots against Carruth.
Riddle claimed authorities in the Sheriff's Office buried her account of
that conversation. She said her superiors discouraged her from filing a
report, obliquely threatening her chances of promotion.
Rudolf claimed that alleged cover-up was only part of a pattern of foul
play by police and prosecutors.
Called to the stand by the defense, police investigator William Ward
admitted prosecutor David Graham barred him from pursuing allegations about
wheelman Michael Kennedy's drug dealing.
Rudolf had been requesting such information for more than a month in an
attempt to prove up his theory that Cherica Adams was the victim of a drug
deal gone awry.
But with no way to argue the victim was in on a conspiracy, Rudolf gingerly
chipped away at the accuracy of her memory with a renowned expert in the
field. In her 911 call and in notes she wrote in the hospital, Adams
claimed Carruth was stopped in the car in front of her when she was shot
and then left the scene.
Elizabeth Loftus testified that Adams' memory may have been impaired by the
trauma she suffered and the drugs that doctors gave her at the hospital.
A parade of witnesses testified Carruth's character was completely
inconsistent with that of a murderer. High school coach Melvin Fontes said
he loved him like a son.
And although the Carolina Panthers cut Carruth when he jumped bail, many of
his former teammates came forward to cast doubt on the State's motive
evidence that Carruth had Adams killed to avoid the embarrassment and
expense of another illegitimate child.
Linebacker Hannibal Navies, running back William Floyd, defensive back
Leonard Wheeler and wide receiver Muhsin Muhammad contradicted the state's
contention that Carruth's teammates teased him about getting a stripper
pregnant.
The players added that Carruth was acting normal hours before the shooting.
And Navies said his friend's demeanor changed after he got word Adams had
been shot.
"He was not responsive," Navies said. "He was silent."
That silence reverberated as the defense case ended without a word from the
accused.
Court TV's Bryan Lavietes and Laurie Gindin contributed to this report.
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