While in Mississippi, SMITH was called by CARRUTH, and when she returned to Charlotte in August, 1998, they began dating on a non-steady basis from August to November, 1998. They broke, up in November, 1998 and did not see each other or communicate until February, 1999 at which time they again started to see each other. During this period of time, SMITH was dancing at the Player's Club.

During February and March 1999, smith visited CARRUTH'S house on several occasions and had seen a box of photographs of perhaps 20 girls that CARRUTH had collected. These were apparently photographs of girls that CARRUTH had dated in the past. Included in the photographs were pictures of CHERICA ADAMS, hereafter referred to as ADAMS, that SMITH recognized as a local Charlotte dancer. SMITH had heard from someone that ADAMS was Known to hang around with professional athletes, and was reputed to be a "gold digger", out to get money from the athletes. At the time they were looking at the photographs, carruth said he did not want to talk to SMITH about ADAMS.

In either March or April, 1999, when eating together at Crawford's in downtown Charlotte, CARRUTH told SMITH that he had something to tell her. SMITH recalled this was prior to football training camp starting in the spring of 1999. CARRUTH told her that ADAMS was saying stuff about him around town. SMITH immediately guessed what the situation was and asked CARRUTH if adams was pregnant. CARRUTH confirmed she was pregnant and said he was going to talk to her about having an abortion. This was at a time when SMITH was considering the possibility of her and CARRUTH having a closer relationship, and she was disappointed in CARRUTH, but they had no argument about the situation at this time. SMITH also was concerned because she and CARRUTH had unprotected sex and CARRUTH admitted to her that he had unprotected sex with ADAMS.

CARRUTH said that ADAMS was telling that she would be well taken care of financially because she was carrying CARRUTH'S child.

About a week later after the Crawford's date, SMITH asked CARRUTH what ADAMS had said about getting an abortion. CARRUTH told her that ADAMS said in no uncertain terms that she would not agree to an abortion. ADAMS had said "I'm going to keep this baby." CARRUTH at this time said that his mother would be extremely disappointed with him because he already had another baby with a woman in California that he was supporting.

SMITH was dancing at the Uptown Cabaret at this time and was seeing CARRUTH from tine to time at night.

Just before CARRUTH went to training camp in the spring of 1999, there was a party at the Hilton at University Place, possibly the Thiqpen Charity Party. SMITH went to this party with some girlfriends and CARRUTH showed up with a different girlfriend. After the party, CARRUTH called SMITH later that night at her place and said that the girl at the party was from Atlanta. CARRUTH left the girl at his house and came to SMITH'S house that night.

During summer camp of 1995, SMITH talked to CARRUTH perhaps 3 times by telephone. She thought about breaking all contact with him, but did not do so. While CARRUTH was at camp, she did some favors for him including coming to his house and feeding goldfish to his pet alligator.

After camp, SMITH and CARRUTH dated 2-4 times before the first preseason game. At the first preseason game, SMITH drove her car to CARRUTH'S house, picked up his white Ford Expedition and drove to the player's parking lot at the stadium. It was raining that night and she was late getting to the game. After the game, she went to the family entrance and met up with CARRUTH and with LUTHER BROUGHTON and his family. ADAMS showed up at the parking lot, saw SMITH in CARRUTH'S Ford Expedition and called CARRUTH on his cellular phone. The volume was loud enough for SMITH to near ADAM'S ask who was the bitch in his car. CARRUTH told ADAMS that the girl in his car was not a bitch.

CARRUTH and SMITH left the stadium parkinq lot followed by LUTHER BROUGHTON and his family in a separate car. They were looking for a place to eat and first went to Southend Brewery on South Boulevard, but Southend was closed. Next, they decided to go to IHOP Restaurant on Woodlawn. Between Southend Brewery and I HOP. BROUGHTON called CARRUTH on his cellular phone and told him that "the crazy lady" is following us. SMITH knew they were referring to ADAMS. The group continued on to ihop and went into the restaurant. The restaurant was very crowded and the group decided to try someplace else. They went back to their vehicles, out Woodlawn to South Boulevard, and then north to the Skyland Restaurant.

After the CARRUTH party was seated at the Skyland, ADAMS and her girlfriend ALANA came in and ADAMS came over, tapped CARRUTH on the shoulder and said she wanted to talk to him. CARRUTH went outside with her and they talked. After about 30 minutes, SMITH went outside and observed that CARRUTH and ADAMS were having an intense conversation. SMITH told CARRUTH that he should come back inside but CARRUTH told SMITH to return to the restaurant. ADAMS told SMITH that she was the mother of CARRUTH'S child, and that he needed to talk to her. ADAMS and SMITH had a somewhat heated discussion with SMITH saying that she would beat ADAMS' ass. ADAMS asked CARRUTH if he was going to let SMITH talk

CARRUTH and SMITH left the stadium parkinq lot followed by LUTHER BROUGHTON and his family in a separate car. They were looking for a place to eat and first went to Southend Brewery on South Boulevard, but Southend was closed. Next, they decided to go to IHOP Restaurant on Woodlawn. Between Southend Brewery and IHOP. BROUGHTON called CARRUTH on his cellular phone and told him that "the crazy lady" is following us. SMITH knew they were referring to ADAMS. The group continued on to IHOP and went into the restaurant. The restaurant was very crowded and the group decided to try someplace else. They went back to their vehicles, out Woodlawn to South Boulevard, and then north to the Skyland Restaurant.

After the CARRUTH party was seated at the Skyland, ADAMS and her girlfriend ALANA came in and ADAMS came over, tapped CARRUTH on the shoulder and said she wanted to talk to him. CARRUTH went outside with her and they talked. After about 30 minutes, SMITH went outside and observed that CARRUTH and ADAMS were having an intense conversation. SMITH told CARRUTH that he should come back inside but CARRUTH told SMITH to return to the restaurant. ADAMS told SMITH that she was the mother of CARRUTH'S child, and that he needed to talk to her. ADAMS and SMITH had a somewhat heated discussion with SMITH saying that she would beat ADAMS' ass. ADAMS asked CARRUTH if he was going to let SMITH talk to her that way. ADAMS keep repeating that she was the mother of his child. There was no physical contact between SMITH and ADAMS. Present, at least part of the time, at this confrontation outside Skyland, besides the parties mentioned, were LUTHER BROUGHTON who had come out to see what was going on, and a security guard for Sky land Restaurant. Present inside the restaurant were BROUGHTON and his family, including his little brother, and ADAMS' friend ALANA.

SMITH and CARRUTH subsequently left Sky land in CARRUTH'S Expedition and went back to his house to recover SMITH'S car. SMITH recalls that she was mad at CARRUTH for not standing up for her better than he did with ADAMS and does not believe that she spent that night with him.

Between the date at Crawford's Restaurant and the incident at the Sky land Restaurant, CARRUTH, on several occasions had complained about ADAMS and her refusing to get an abortion. He was stressed about ADAMS and said that he should send someone to beat her up and/or kick her in the stomach and "make her have a miscarriage." He also complained to SMITH on several occasions that he did not want to have to pay child support to ADAMS. CARRUTH also expressed his dislike for the mother of his child in California and said that his son acted like a fag.

After the Skyland Restaurant incident, SMITH'S relationship with CARRUTH cooled considerably. Probably in October 1999, CARRUTH called her and left a message, saying he wanted them to get together. SMITH returned his call, told him she missed him but that she was going out with another person. They did agree to go to dinner together and HANNIBAL NAVIES and his date TONYA did go out with them and they ate at the Outback Steakhouse on Independence. After eating they all went back to CARRUTH'S house. While at the house, headlights appeared for a car coming into the driveway and CARRUTH said that he hoped that it was not ADAMS. (It was not.) CARRUTH also said something at this time to the effect that he should just (do something bad) to her. SMITH does not recall the exact tern he used, but it was definitely a derogatory term. SMITH took what he said as a joke.

The next interaction between CARRUTH and SMITH was when CARRUTH called her from St. Louis. This date she believes was on Saturday or Sunday, November 13th or 14th, 1999. SMITH had paged him and CARRUTH called her the day following her page. Either in this call or in the first call CARRUTH made to her upon his return to Charlotte, CARRUTH asked her to loan him her car. SMITH asked him what he wanted her car for and CARRUTH would not give her any reason. In subsequent calls to SMITH on the 15th of November, CARRUTH asked again for her car and on one occasion said that she should bring her car to his house and put it in his garage and that it would be driven by a friend of his. He said that he would not be at his house and that she should wait for him to return. SMITH refused these requests and told him she did not know his friend, and that she would not let anyone drive her car. CARRUTH did not identify his friend to SMITH.

On the night of November 15 and the early morning of November 16, CARRUTH made several calls to SMITH on her residence telephone relative to attempting to borrow her car. In the final call to her at her residence, CARRUTH told her he was on his way to HANNIBAL NAVIES' house and wanted her to meet him and talk to him. She agreed to meet him at a gas station on Providence Road near NAVIES' house and get something to eat. She left to meet him, carrying her cellular phone.

SMITH went to the gas station and CARRUTH was not there. She then decided to return home and on her way home, just before Providence Road, SMITH was called on her cellular phone by CARRUTH who told her he was not going to meet her because he had been called by ADAMS' mom and she had told him that ADAMS had been shot. CARRUTH said he was on his way to the hospital. SMITH then drove downtown to the hospital. ADAMS' family was there as well as CARRUTH and HANIBAL NAVIES and TONYA. No one seemed to have any knowledge of the situation except that ADAMS had been shot.

SMITH observed CHERICA ADAMS' mother ask CARRUTH what had happened to her baby, and CARRUTH reply to her that he did not know.

About an hour after SMITH arrived at the hospital, she and CARRUTH were in the hall of the hospital and he told her that he wished CHERICA would die. CARRUTH seemed to be upset about what had happened, but said he didn't feel bad at all. He said that his mother had said that he would wind up in jail anyway.

Eventually, CARRUTH and SMITH went down to the nursery to check on the status of ADAMS' baby. CARRUTH went in, returned and said that he had seen the baby. After CARRUTH came out of the nursery, SMITH asked him what had really happened that night. CARRUTH hesitated, and SMITH then asked him if he had anything to do with ADAMS getting shot.

In response to SMITH'S question, CARRUTH told her the following:

(1) CARRUTH said that he had been going to the Doctor with ADAMS and was trying to do the right thing, including giving her money.

(2) On the niqht of the shooting, they had been out together and he tried to get her to go to his house, but they had finally agreed to go to her house.

(3) He had been driving his Expedition and she had ended up behind him in her car. He said he had seen the dudes pull up and fire a gun into ADAMS'S car after he hit his brakes, forcing her to slow down.

(4) SMITH then asked what he had done then, and he replied that he had just driven off and gone to HANIBAL'S house.

(5) CARRUTH said that he had drawn money out of the bank a little at a time so it wouldn't look suspicious to give to the dudes. He freely admitted that he had paid the "dudes" to shoot ADAMS in the stomach.

(6) CARRUTH did not tell her who the "dudes" were, nor how much he had paid then to shoot ADAMS.

(7) CARRUTH said to SMITH "I just don't care anymore". He said that if he had to go to jail then he would just commit suicide. He suggested that SMITH might as well get her black (mourning) dress ready. He also mentioned the term "butt plug" in connection with going to jail.

(8) CARRUTH asked if SMITH was going to tell on him, and SMITH said "No". After they left the nursery, they turned the corner, met up with the police who talked to CARRUTH and requested apparently to test his car and clothes, CARRUTH volunteered to let the police test whatever they wanted. SMITH stayed at the hospital with CARRUTH for the remainder of the night and into the next morning. At the hospital, subsequent to CARRUTH making his admissions to her, SMITH was briefly interviewed by a police officer. She does not recall specifically what was asked, but apparently denied any knowledge of what had happened. The following morning after returning home from the hospital, SMITH recalled all the calls that CARRUTH had made to her the previous night and his repeated requests to borrow her car without telling her why he wanted it. When CARRUTH called her at 12:53 PM on November 16th, she told him that she did not want to be involved with him, anymore and that he should not contact her any more.

(7) CARRUTH said to SMITH "I just don't care anymore". He said that if he had to go to jail then he would just commit suicide. He suggested that SMITH might as well get her black (mourning) dress ready. He also mentioned the term "butt plug" in connection with going to jail.

(8) CARRUTH asked if SMITH was going to tell on him, and SMITH said "No". After they left the nursery, they turned the corner, met up with the police who talked to CARRUTH and requested apparently to test his car and clothes, CARRUTH volunteered to let the police test whatever they wanted.

SMITH stayed at the hospital with CARRUTH for the remainder of the night and into the next morning.

At the hospital, subsequent to CARRUTH making his admissions to her, SMITH was briefly interviewed by a police officer. She does not recall specifically what was asked, but apparently denied any knowledge of what had happened,

The following morning after returning home from the hospital, SMITH recalled all the calls that CARRUTH had made to her the previous night and his repeated requests to borrow her car without telling her why he wanted it. When CARRUTH called her at 12:53 PM on November 16th, she told him that she did not want to be involved with him, anymore and that he should not contact her any more.

CARRUTH called SMITH a few days after November 16th and she again told him. that she wanted nothing to do with him. This was SMITH'S last contact with CARRUTH. Shortly after November 16th, because of her concerns about CARRUTH, she decided that she would preserve the caller I.D. information reflected on her residence telephone for the time period when ADAMS was shot. She therefore unplugged her telephone to preserve the information recorded on the caller I.D. for November 15 and 16- This telephone, with most or all caller I.D. information still intact according to SMITH was received from SMITH on June 13, 2000 by Private Investigator Wendell L. Edwards in the law offices of Yurko & Owens.

SMITH had prepared a transcript of caller I.D. information from her residence telephone as follows:

Transcript of caller I.D. from SMITH'S telephone:

11/7/99 10:42PM xxx-xxxx Rahim Akbar

11/15/99 8:23PM xxx-xxxx Rahim Akbar

11/15/99 8:27PM xxx-xxxx Rahim Akbar

11/15/99 3:41PM xxx-xxxx Cell

11/15/99 9:19PM xxx-xxxx Ceil

11/16/99 1:44AM 704-xxx-xxxx Robert Greene (*)

11/16/99 1:46AM 704-xxx-xxxx Robert Greene (*)

11/16/99 12:53PM 704-xxx-xxxx Nakia Steward (+) (*) Hannibal Navies House

(+) Friend of CARRUTH'S

After the shooting and before CARRUTH was arrested in Tennessee, SMITH was very scared of what she imagined could happen to her because of her Knowledge of the shooting. She was scared of CARRUTH as well as the others implicated by CARRUTH in the shooting. SMITH left Charlotte and was at her mother's home in Mississippi when CARRUTH was arrested in Tennessee. Due to the relatively close proximity of her mother's residence in Mississippi to the location of CARRUTH'S arrest in West Tennessee, SMITH was called by her boyfriend CHARLES E. SHACKLEFORD who wanted to know if she had helped CARRUTH escape from North Carolina. SMITH told him, truthfully, that she had nothing to do with that situation. CHARLES E. SHACKLEFORD, a former Charlotte Hornet and current friend of SMITH, knew of the SMTTH-CARRUTH situation at this time, but did not know that CARRUTH had confessed to SMITH at the hospital on the night of November 16th. Upon her return to Charlotte, SMITH made a full disclosure to SHACKLEFORD including the facts of CARRUTH'S disclosure to her at the hospital on November 16.

When photographs of the three individuals connected to the shooting with CARRUTH were shown on television, SMITH recognized each of them but did not then remember, nor does she now recall the names of any of the individuals. She identifies one as the "gold tooth guy" whom she met three or four times, twice at CARRUTH'S house, and during one of those times, he was with another guy she refers to as "young guy." SMITH refers to the third person as the "light skin guy". She had seen "light skin guy." around town, but had never seen him with CARRUTH and did not know there was any connection between them. His street name was NEW YORK and he worked at a detail car shop on Monroe Road in Charlotte.

SMITH recalls that the time "gold tooth guy" and "young guy" were at CARRUTH's, that CARRUTH asked her to leave the room so they could apparently discuss something. SMITH said CARRUTH had never before asked her to leave the room when anyone was present, including CARRUTH's fellow football players. SMITH also recalls that in discussing "gold tooth guy", CARRUTH told her that he was CARRUTH'S new friend, and unlike the football jocks that he normally associated with, "gold tooth guy" was a regular person like CARRUTH was used to being with in California.

In approximately February or March, 2000, SMITH was interviewed by Private Investigator RON GUERRETTE, GUERRETTE asked if CARRUTH had ever said anything bad about ADAMS and SMITH said that he had not. SMITH replied in this way because she did not want to get involved. GUERRETTE also asked about the incident at the restaurant and she told him it was not a big deal. GUERRETTE did not ask about CARRUTH wanting to borrow her car, nor did she volunteer this information to him.

SMITH recently reviewed her telephone toll call records near the time of the November shooting and identifies the following numbers and reasons for the calls to the best of her recollection.

11-15-99

18:27 Hours
SMITH calls CARRUTH checking to see if he is back from St. Louis
20:24 Hours CARRUTH calls SMITH asking about borrowing her car
20:27 Hours Same as previous call
20:41 Hours CARRUTH calls SMITH from KENNEDY'S cell phone ; continuation of previous calls
20:33 Hours CARRUTH calls SMITH asking about borrowing her car
20:55 Hours SMITH calls U. S. Airways checking flights to Memphis for her to go to wedding in Mississippi. SMITH did in fact later fly U. S. Airways to Memphis for this purpose.
21:19 Hour CARRUTH calls SMITH probably still asking about borrowing her car.

11-16-99
01:44 Hours CARRUTH calls SMITH from NAVIE's trying to arrange a meeting.
01:46 Hours Same as previous call. 02:11 Hours SMITH calls Waffle House for a pickup order
02:21 Hours SMITH calls NAVIE's house trying to locate CARRUTH.

NOTE: After calling Waffle House, SMITH was trying to locate CARRUTH who was supposed to meet her at a service station. Eventually, when CARRUTH did not show up, she left the service station and started home.
02:32 Hours Sane as previous call.
02:39 Hours Same as previous call.
02:43 Hours Same as previous call.
02:50 Hours Same as previous call.
02:55 Hours SMITH calls CARRUTH's residence still trying to locate him.
02:56 Hours SMITH pages CARRUTH from her cell phone.
03:01. Hours CARRUTH calls SMITH