October 16, 2018 • 43 mins
Chancellor Lee goes home from the hospital with his maternal grandmother, Saundra Adams. Soon, the most notorious trial in Charlotte history gets under way, as lawyers spar with witnesses and each other. With Rae Carruth facing the death penalty, his lead defense attorney recounts in detail the strategy to make their case and save Carruth's life.
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Episode Transcript
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Speaker 1 (00:00):
A listener. Note this story contains adult language and some
graphic descriptions of violence previously on Kruth. She dies, and
we'll go about to try to walk him up. Of
course he's gone. My reaction to Race Lee was just
another big display of his cowardice. I received a call
(00:22):
from the FBI office telling me that he was in
a motel in Wildersville, Tennessee. The reality hit all of
us that this is not looking good at Terrae And
you know, were there any signs that any of this
stuff was going through his mind. I'll never forget seeing
that camera and saying he's back in. He's hiding the
(00:43):
license plate. We snuck him out the back door because
we didn't tell the media, and they didn't tell him
till he was already home and they said he's been released.
In late August, attorney David Rudolph strolled into a conference
room him in his modest two story office building just
a five minute drive from Charlotte's Mecklenburg County Courthouse. So
(01:06):
my name is David Rudolph, it's r U D O
L F. And I have been practicing since nineteen seventy four,
but in uh North Carolina, since nine seventy eight. For months,
I'd work to set up this interview with the man
who defended Ray Caruth at his murder trial. I'd arrived
fifteen minutes early and had taken a look around the office.
(01:28):
In that conference room, Rudolph has an enormous courtroom sketch
of the Cruth trial hanging on the wall, commemorating Charlotte's
Trial of the Century. Because it's a very cool picture,
and it's Jerry McJunkins, and he is the best courtroom
artist in the world. I think the picture shows the
(01:51):
attorney in a brown suit, commanding the packed courtroom and
gesturing at his client. Back then, Jeff Signer, one of
our producers for this podcast, was the only still photographer
allowed in the courtroom. He's there in the image. The
man next to Jeff is working the only video camera
there for Court TV. And Jerry came in here and
(02:12):
he showed me the middle panel. This is a trip
tich actually, and I said, oh, I like that. He said,
you want to buy it? Yeah? How much is it?
He said, Before you do that, let me show you
the other two. So, having spent a fair amount of money,
we're better to hang it. It seems fitting that Rudolph
(02:33):
celebrates the trial as it forms a straight line to
the case that brought him even more prominence, his criminal
defense of North Carolina author Michael Peterson. I understand you
want to pump the ratings, but give me a break.
That case surrounding the death of Peterson's wife was chronicled
in a documentary available on Netflix called The Staircase. Jeane
(02:55):
Deaver had a pattern and preparing misleading expert reports. The
filmmakers had just finished and won an Academy Award for
murder on a Sunday morning, which was another documentary they did.
They were looking for another case in the United States,
if from France to follow, so they called some contacts
(03:17):
at Court TV. Well, Court TV had just finished covering
Race case. So the person they spoke with said, well,
you know, called David. He may know of some cases
that are going on. So they called me and they said,
we're looking and explaining, looking for a case, and uh,
then we were off to the Races. I wanted to
speak with Rudolph because he created Kruth's much debated legal
(03:41):
strategy in this case, but for another reason too. Throughout
his career, the defense attorney often became as large a
lightning rod in his cases as the people he defended.
That was a key subplot in Kruth's trial. I've been
to trial a number of times, so I've had attorneys
that have been ag That's Mark Post, the FBI agent
(04:03):
who arrested Kruth in Tennessee, the de fac attorney. I
thought he's a good attorney. Boy. Rudolph Cross examined him
in the early stages of the three months trial, and
the lawyer was just getting started. A hit man without
a weapon, that's what you want to say. Well, that's
what you were. I could kill you with my hands.
(04:26):
But as Rudolph told me, there was far more to
this trial than a couple of sound bites. If everything
fell apart, Rudolph would still walk out of that courtroom.
Karruth would walk straight on to death row. From the
Charlotte Observer in McClatchy Studios, this is Kruth. I'm Scott Fowler,
and this is chapter five on trial. But the DDLL
(05:00):
of two thousand carutha been in jail for more than
six months. Sharika had been shot the prior November. Karuth's son,
Chancellor Lee, had been delivered by emergency C section. Once
Sharika died four weeks later, Kruth had fled the state,
been arrested by the FBI in Tennessee, and was charged
with first degree murder. All four defendants in Sharika's killing
(05:22):
now awaited trial, Van Brett Watkins, the admitted trigger man,
Michael Kennedy, who had confessed to buying the gun and
driving the car used in the drive by shooting, Stanley Abraham,
a friend of Kennedy's who most everyone agreed had no
prior knowledge of what was going to happen the night
Sharika was shot, and Kruth the supposed mastermind of the conspiracy,
(05:43):
an allegation that still confused his friends and family, and
my former roommate who had kind of dated him as
the one that called me and told me because she
had seen it on the news. Monique Young has been
Carruth's friend for decades. I've never seen a violent side
of him. I've never seen him really angry like that,
(06:05):
you know what I mean, Like he's that fun guy
that's always laughing and joking. I mean, I can still
in my mind picture where I was at, who I
was with, and getting a Hong Kong and just being shocked,
what the hell is going on? Karuth had hired a
well known Charlotte lawyer in George Louren, but once the
former Carolina Panther became the first well known active NFL
(06:28):
player about to be tried for first degree murder, Theodrey
Kruth wanted a bigger name legal team, including the highest
profile defense lawyer in the country at the time. I
think that his mom had called Johnny Cochrane because it
was sort of on the heels of the O J
case um, and so Johnny Cochrane was sort of the
(06:48):
the go to person, at least for ex football players.
Here's David Rudolph again. Johnny was in practice with Barry
check who is a good friend of mine. Uh and
so through that the Audrey was heard to me and
and I went and met with Ray and things sort
of progressed from there. Rudolph's primary opponent in the courtroom
was lead Prosecutor Gentry Cardell, who had already sent eight
(07:11):
men to death run. Several of them were given the
choice to be killed by lethal gas or lethal injection,
if you consider that much of a choice, but by
lethal injection had become North Carolina's only method of execution.
All the elements the first degree murder were present in
this case. Cardill had attended Sharika's funeral in December, and
(07:32):
even today remembers the circumstances ever shooting all too well.
Clearly firing five bullets point blank range into Shrike Adam's
body in an ambush killing, all the elements of premeditation
are there. In North Carolina, premeditated killings generally qualifies first degree.
Second degree murders don't require advanced planning. The second crucial
(07:55):
difference between those charges. Only first degree murders can be
punished by death as to the definitalty, the jury and
I even consider the death penalty unless aggravating circumstances are present.
In this case, the aggravating circumstances where it was called
pecunity gain for money. Second aggravating factor was especially atrocious.
(08:17):
Cruel heinous is a term of law. An ambush slaying
of an innocent, trusting, pregnant young woman a dark street,
leaving her on the side of the road to die,
leaving her unborn child with the life of disadvantages and challenges.
Beyond first degree murder, the state would charge Caruth with
(08:40):
conspiracy to commit murder, using an instrument with intent to
destroy an unborn child, and discharging a firearm into occupied property.
The jury was instructed to rule guilty or not guilty
on each of these four charges. Independently, we had four
codefendants charged with capital murder and the other company charges.
(09:02):
Cardell's team was determined to see justice done, but prosecuting
Kreuth required some careful calculation. There were key pieces of evidence.
They didn't have. Shrike Adams nine one one tape, although
powerful chilling, even what he said was that ray Ruth
was ahead of her, that he slowed, she slowed and
(09:22):
in the corporal beside her and started shooting, and she
said ray just left. So that tape, although very important,
just put him at her near the scene and of
for she had no way of knowing that he had
instigated this. To convict him of first degree murder, Cardell
needed to show Karuth had plotted to kill Sharika. The
(09:43):
police had checked his phone records and found before and
after the shooting of Sharika that he had made phone
calls to Michael Kennedy and Van Breda Watkins. Eventually, Watkins
gave it a confession that Rayka Ruth had hired him
to kill Shika. Michael Kennedy admitted that he had driven
the car. Stan abrahams admitted that he was in the car.
(10:06):
We had some concerns about the admissibility of the statements
of Shick Adams. We made police offers to the second
degree murder and the accompanying charges to all four defensives.
Kennedy and Abraham balked they thought second degree murder overstated
their involvement in the crime. Caruth also refused the plea,
(10:28):
which meant he would have his day in court to
face the men who could seal his fate. Cardiel wanted
to try all four men at once, but the motion
to join the cases was denied by Judge Charles Lamb,
who was a matter of prosecutorial efficiency to try to
(10:50):
have one trial instead of four. Secondly, it would be
almost enjoyable to have the four defendants over their fort
and fingers at one another during the course of the
trial and have them fighting among themselves. And we made
the decision to try first, And as we moved towards trial,
we felt in order to be assured of getting conviction,
(11:13):
we needed the testimony co defendant. The only defendant left
to take a plea was Watkins repeat Felon, who told
me in our jail house interview that he felt God
was watching over him when the death penalty was taken
off the table. God and then struggling Watkins could be
(11:42):
the prosecution star witness, but he could just as easily
explode on the stand, and Cardell knew it. We reluctantly
made a plea arrangement with Watkins because at that point
we really needed that testimony. Throughout two thousand, the looming
trial to shape like a violent Atlantic storm, and one
(12:02):
of the first casualties was Caruth's bank account. According to
court documents, the former football player had a net worth
of three hundred sixty eight thousand dollars the night before
Sharika's shooting. Less than a year later, Rudolph told Judge Lamb,
the first round NFL draft pick, had less than five
thousand dollars in his bank account and he couldn't pay
his lawyers anymore. Kruth was declared indigent. Rudolph was appointed
(12:27):
one of his state paid defense attorneys. So we've got
to Ruth that can fly in his jail cell. The
one time college English major took solace in the written word.
Stuart Time lets it Come Theodrey shared a poem her
Son wrote at the time with The Charlotte Observer. It began,
think about how many times you've been to the zoo. Ever,
(12:49):
wonder how it would feel if one of the animals
were you. Incredible, he continued, Ever, ask yourself if they
could remember how it feels to be re or fall.
Their memories had faded living life in captivity at the
first time. For Carolina, the poem ends, I bet you've
never since the animals pain, humility, or rage, because it's
(13:13):
impossible to conceive unless you've lived on both sides of
the cage. Caught into the end zone, touchdown Ray, Karol
and Carolina. As the storm around Caruth strengthened, even outsiders
were drawn into its path. I lived in Charlotte, and
at that time I was employed with Crisis Assistance Ministry
(13:35):
and was responsible for getting donations, getting stuff into the warehouse,
and distributing it to those folks that were referred to us.
This is Clark Pennell, a longtime Charlotte resident who was
summoned to Mecklenburg's Superior Courtroom thirty three oh one on
October twenty three, two thousand. Actually it was the second
(13:55):
time because I had to get received a summons earlier
in the year, and I had already planned a family vacation,
so they were at that time kind enough to defer
me to a later time. And I didn't really pay
any attention to the date that I got in a
later time. But we had gone to the beach with
(14:15):
some friends and we came back and somebody said something
about the Caruth trial starts tomorrow, and I said a
few words because I realized that that's when I had
gotten deferred to. Jury selection continued for seventeen days. Cardell
laid the stakes there, asking each potential juror if they
(14:36):
believed in the death penalty. The law allows the prosecution
to ask the jury if they would consider both punishments
life and the definitely, and if they say, no circumstances,
would I consider one or the other? And then we
can make a challenge the judge. Judge may or may
not accept the challenge and excuse the jura. Ultimately, the
(14:58):
jury of Kruth's peers was made but seven men and
five women, nine whites and three African Americans, but no
black men. The most unexpected selection was her Brown, a
lawyer who had practiced for thirty seven years in Charlotte
and had even stood across the courtroom from Cardell. I
know Ginger Colardell very well, knew him very well, tried
(15:19):
a lot of cases against him, and uh, it is
uncommon because both sides would feel like the attorney would
be the most dictatorial person on that jury and would
rob those other jurors of their choice to make their
own decisions. I'm so glad that whenever we sat down,
(15:39):
some other fella immediately now so he wanted to be
the foreman. Oh gosh, great. Judge Lamb told the Jewels
to avoid any media coverage of the case. Kruth's defense,
which would ultimately cost taxpayers more than two hundred thousand dollars,
was about to begin. The most infamous trial in Charlotte
(16:11):
history began with a voice from the grave played during
the opening moments of the state's opening argument. All right,
what's this name? Football hero? Rap Ruth drove away and
(16:32):
left Sharrick Adams and his own son forgid. Cardell stood
six ft two with a granite jaw after twenty eight
years as a prosecutor. He knew compelling evidence when he
heard it. She was fighting a whole on the life,
long enough to tell somebody what had happened and who
had done it, and to try to save her baby.
She was the strongest witness for herself to her own murder.
(16:56):
Shot at. I don't know I was shari because nine
one one call, he knew jurors like Pennel would react
when they heard it. It was very, uh emotional for
all of us that were there. Some of the ladies,
I think we're actually crying a little bit when they
heard it, and maybe some of us men too. Yeah.
(17:23):
It was also the first time Sharika's mother, Sandra, heard
the full twelve minute recording. I had not heard the
actual call no before court, and I still remember that
hit me like a ton of bricks um to to
(17:47):
hear the pain in her voice, but still too sense
that determination that through the pain and through whatever I
have to go through, I've got to get to safety
for my son. She even thought to be blowing the
horn and I remember on the nine one one called
(18:08):
the operaticis what does that noise? And She's like, it's
me I'm blowing the horn. I'm trying to get some attention.
What that horn? That was so her So you know,
it was a hard thing to hear. But yet through
all that you could, Yeah, you you see that personality,
(18:31):
that perseverance just coming through, that determination coming through. Even
Rudolph knew how powerful the moment was. I don't have
any doubt that that was the most important evidence, And
I have no doubt that whatever Sharika said was her
honest impression at the time. You know, I don't think
(18:52):
she was lying about that. I don't you know, I
don't think she was making something up. And Ray admits, yeah,
I was in front of her and I took off.
Now the whole thing about you know, slowing or stopping
my recollection, as there was some leading going into that.
I don't remember if it was the nine one one
operator who first suggested did he stop? But I don't
(19:13):
think she was the one who first said he stopped?
And again I could be wrong about this because it's
a long time ago. Are your boyfriend the one you
said that? All? Right? Almost immediately, the two lead attorneys
(19:39):
showed their differing styles. Rudolph's delivery was more flamboyant, and
he was more prone to pushing buttons. Someone who had
never been in trouble a day in his life, who
had never been violent towards anyone, who had never done
anything to Sharika, to turn from that into a con
(20:00):
raculum overnight, there's no votive there. Rudolph doesn't miss a
chance to say what he thinks. He's very sharp, he's
sharp tongue, he can be, and he is very quick.
That's what makes him a good trial occurring. Here's Jim Gronquist,
who represented co defendant Stanley Abraham at the time and
(20:20):
did commentary for court TVs coverage of the trial. Gentry
is very methodical. He doesn't get rattled easily. Gentry is
also a very sharp guy, and he knows what he's doing,
and he's been doing death penalty cases for a good while.
Like Cardell, Rudolph also began his opening argument with what
he said were someone else's words. The real legal strategy
(20:42):
was that Watkins had made a statement to a prison guard.
He flipped to a blank page on a large white
easel and wrote out a statement allegedly made by Watkins.
He had just given us money. None of this would
have happened. If Ray had just paid us the money,
none of this would have happened. Now, put that statement
(21:04):
in context with what I've told you about the lead
up to this. That statement formed the cornerstone of a
defense asserting Sharika had been shot as retribution for Kruth
backing out of a major drug deal. In Rudolph's size,
this was no planned hit. The only way you can
interpret that statement is consistent with Ray's story, Because if
(21:26):
he's a hit man, what does that mean. If he
had just paid me the money, none of this would
have happened, doesn't mean anything. It's Gibberick. Watkins told me
that the quote was fabricated either way, Rudolph continued throwing
verbal darts at Watkins, preemptively impugning the character of the
man everyone thought would be the state's key witness, until
suddenly a new witness came forward. Michael Kennedy, Hey, we're
(21:54):
gonna use Van Brett Watkins, And I'm just sitting here
thinking you're gonna use the guy who actually fired the
shots as your star witness. This is attorney James ExHAM,
who represented Kennedy at the time. But that ain't gonna work. Out,
so good for you. Whereas I've got this guy, he's yeah,
he's got some a little drug history, but this isn't
(22:14):
a drug case, and he's got all of the facts
of that night. And from the time that I met him,
he wanted to do the right thing. So, for example,
before there was any legal representation, he gave a fairly
full and pretty damage into himself, statement, confession, whatever you
(22:35):
want to call it. I said to him, Okay, based
on what you've told the police, you told them enough
to end up on death row, and now we need
to take that and turn it into a positive charged
with first degree murder and facing the same potential death
penalty as Caruth. Kennedy's offer was nearly unheard of. We
knew we didn't have a case that we could successfully
(22:59):
go to try on. We wanted to do the right thing,
which sometimes legally is challenging. We had one though, that
Michael was going to testify and he was gonna tell
the truth, the whole truth, and nothing but the truth.
And if he did that, I had confidence that Gentry
(23:19):
and the other prosecutes involved in the case would do
right by him when it was all said and done.
But it is true, there was no agreement. It was
one heck of a risk exam talked about risk in
more ways than one. And another piece of information that
has never before been reported. The lawyer told me that
once Kennedy agreed to testify against Ruth, his family found
(23:41):
itself in the crossfire. I knew there were a number
of threats, calls to his mom and I think his
sister as well. If Michael said certain things and Michael
didn't kind of threw me. I guess toned down what
he was saying against Ray because it was looked upon
as he was quote unquote snatching. Well, one person snitching
(24:02):
is another persons telling the truth. Kennedy's past meant he
had questionable credibility, But on the witness stand he spoke
convincingly and he stopped his car. She stopped behind he
is I stopped behind her. He said that Kruth told
him teammates were mocking him for getting Sharika pregnant, and
that Karuth hired Watkins to shoot her. So I put
(24:23):
up beside her car and he started shooting her car.
After Watkins fired those shots, What, if anything, were you
able to hear screaming? Are you referring to Sharika. Rudolph
tried to trip up Kennedy in his cross examination, right,
probably saying in his head that there was a bad plan. Also, No,
(24:43):
actually he's saying he's innocent. He's saying in his head
that he didn't do this, Mr Kennedy, and that you're
a liar. That's what he's saying. My impression is that
I didn't think I really undermined his credibility, you know,
really fificant way. I think there were certain things I
impeached him about, I think probably his drug dealing. But uh,
(25:05):
I don't remember feeling like, well I got him. Uh
So I think he was I think in truth he
was an effective witness. It doesn't mean he wasn't lying.
It just means he was a good liar. What Ray
says is he cannot understand why Kennedy didn't just tell
(25:27):
the truth. The only sense he makes out of it
is that here's Kennedy driving the car. Watkins shoots this woman.
He's driving the car. It's not going to do him
any good to roll on Watkins. So the only person
who he can provide evidence about is Ray. But Ray
(25:50):
said that he always expected Watkins to lie, but he
was really surprised that Kennedy lied. Kennedy declined to participate
in this project. I asked Kennedy's lawyer for a response
to that assertion. Uh, none of that was made up.
And I don't think it was an accident that Ray
(26:11):
stops in front of Sharika and then the car filled
with the people that he had put together came up
and shot her. I don't think there's any fantasy and
that I think it's very very sad. On the stand,
other witnesses for the prosecution were equally unsparing. The state
called Michelle Wright, the mother of Karuth's other son, Ray Jr.
(26:32):
She told the court that once when she planned to
bring the child to visit his father in Charlotte, Karuth
told her quote, don't be surprised if you get in
a car accident. In a recent phone interview, Write said
she and Karuth are now in amicable terms and that
he has apologized for treating her and their son poorly.
But she reaffirmed that even if Karuth had been joking
(26:54):
about the car accident, everything she said in court was true.
The state called three dozen witnesses in the trial, including
that FBI agent Mark Post, and Post brought visuals. I
mentioned we have a special effects unit and with him
in the trunk, they can recreate that based upon the
make and model of the vehicle. They got the dimensions
(27:15):
of the trunk. I described to them what was in
the trunk. Ray Kruth yearned bottles and then the candy rappers.
Rudolph took a combative approach to his cross examination, his demeanor,
the way he talked, the way he asked questions very
almost meaning and trying to play a game for the
(27:37):
jury and trying to make it look as if we
had done something wrong when all we had was do
what we were supposed to do and arrest Ray Kruth.
Cardill also called Amber Turner, the woman out in Colorado
who had become pregnant with Kruth's child soon after he
was drafted by Carolina. She told the jury that Kruth
(27:58):
pressured her to abort the pregnant see, which she did.
She testified that he told her quote, don't make me
send somebody out there to kill you. You know I
would do it. You can't have this baby. Cardell also
introduced Sharreika's notes from her hospital bed, including the one
that read he was driving in front of me and
stopped in the road, and a car pulled up beside me,
(28:19):
and he blocked the front. After eleven days, the state
rested its case. Prosecutors were convinced that done their jobs,
and best of all, they hadn't had to call Watkins.
Kennedy had been an imperfect witness to the crime, but
for Cardell, he was good enough. As the case began,
Michael Kennedy's lawyer came to me and said he was
(28:42):
willing to testify against Gray Ruth without a plea agreement
because he wanted the truth to come out, and we
decided we wouldn't fact use him, which made the necessity
of putting Watkins on the stand to spear, and we
decided clue not to you. Still, watkins plea bargain down
(29:02):
to second degree murder would be honored, even though he
didn't testify for the state. Well, he had done what
he had agreed to do. That is, he stood willing
to testify and cooperated with us. He was holding up
his share of the bargain, so we were wanting to
do so also. But now it was Rudolph's turn. The
(29:29):
defense needed to cast reasonable doubt on Cardell's case, and
Rudolph's preference had long been to not call his clients
to testify in their own defense. Besides, at the time,
the defense said Kruth wasn't at the scene of the crime,
so he had nothing to say about the shooting. My
approach generally is trials are about whether there's reasonable doubt
(29:50):
or not, whether the state makes his case beyond a
reasonable doubt. Once you put on evidence, that paradigm shifts
a little bit goes. Now the jury is just sort
of saying, Okay, do I believe Ray Kruth? It becomes
just that. And then of course you had things like
(30:10):
he's found in the trunk of a car, you know,
with five thousand dollars in a water bottle um, you know.
I mean, there were some ugly facts that he would
have been cross examined about mercilessly. The defense ultimately called
forty witnesses of its own, from Panther's teammates to Caruth's
bail bondsman, to one of his high school football coaches,
(30:31):
but not the head coach. I followed it every day
on port TV, be honest with you, and then I
got called by his lawyer, who was I guess, a
very significant lawyer and one of the best around. His
secretary called me about five times. I was out mowing
the lawn. My wife said, Hey, you gotta answer this.
(30:52):
This is Dave Hoskins, Caruth's head coach at Sacramento's Valley
High School. He's the man who called Kruth up to
the varsity inn. They wanted me to come and testify
for rad I said, I heard the nine one one call.
I watched this every day, and that's not the ray
Caruf I knew, and I said no. The defense was
(31:14):
able to convince one of the Valley High assistant coaches
to be a character witness, but Rudolph's gutsiest move was
calling the man Caudill had decided to leave on the sidelines,
Van Brett Watkins. Three different juror members, and all three
of them remember Watkins test I'll bet they do. I
(31:34):
do too. The defense needed the jury to hear what
Watkins allegedly told that jailer, a woman named Shirley Riddle.
If they could show Watkins acted alone, Caruth would be
off the hook. And Rudolph had been hammering on this
quote since his opening statement. He had just given us
money none of this would have happened, So we had
(31:57):
to get that evidence. If Shirley Riddle comes in says
that's what Watkins told me, it's hearsay. However, if it
comes in to contradict his testimony, it's coming in for
impeachment purposes. Now that's a distinction that makes no sense
(32:17):
to any lay person, but it's the law. So I
was fully prepared to cross examine Watkins about this statement
to Riddle, have him deny it, and then call Riddle
to impeach him. Well, Gentry Cordell decided not to call Watkins.
So now what do I do. The only way I
(32:38):
can have Riddle testify is if I put Van Brett
Watkins on the stand. I asked him the question, didn't
you tell this to Shirley Riddle? And either way, if
he says yes, I said it, I don't need Shirley
Riddle anymore. If he denies it, now I have Shirley
Riddle to testify. No, he did say that, And let
(32:59):
me just say, that's a guts he move, you know.
I mean, I'm putting on the hit man just to
get that one piece of evidence. But I needed it.
What Rudolph got was a verbal sparring match that lasted
two days on court, TV, on the national news, and
in front of the world. Today, the exchanges are immortalized
(33:20):
on YouTube. Well, you're a lot bigger than he is. Right,
he's a lot more dangerous than I am, because he
has a really violent background compared to yours. Is that
he took murder as his first child. We understand that
your story to save your life, sir, save my life?
My life is still gone. Are you going to be
strapped to a gurney, sir? Are you going to be
(33:41):
strapped to a guarney? Are you going to be strapped
to a gurney? I don't know. In his testimony what
cans describe the night of the shooting in detail, he
(34:04):
admitted to being a longtime felon. Even his language cut
some jurors off guard. Being present in court for several weeks,
(34:33):
Van Brett Watkins was a scary subject. Here's jury, remember
her brown again. He was a huge guy physically like
he was an offensive tackle for an NFL team, and
uh he seemed to be where he didn't have any
soul to him, any conscious about what was right and wrong.
(34:54):
He was apparently paid to do something and he carried
it out, whether you believed him or not. Watkins testimony
made compelling theater. During one of the hit Man's days
on the stand, about twenty Panthers players gathered in front
of a TV in their locker room after practice. Several
of Kruth's former teammates had testified on his behalf, but
(35:15):
Watkins and Kennedy's testimonies had planted a seat of doubt
in the mind of some players. Even a trial. You
you're still hoping and praying that man, okay, it's not him,
he'd have nothing to do with it. Mike Miner is
a former teammate of Caruth's and when you have people
who was involved telling the whole thing, that's when it
blows your way. As when somebody who was actually there
(35:37):
firsthand knowledge. Man, so now you you you look and
you said okay. Well had to be with Watkins on
the stand, the courtroom was tense, and Judge Lamb could
sense it. Lamb felt the leg shackles Watkins were in
court weren't enough security, much to Cardill's chagrin. Well, Judge
Lamb had a deputy standing between Watkins and Judge Lamb.
(35:59):
I mean directly between them, standing up there and the
witness stand almost in his lamp glaring at Watkins. I
can understand that he was a scary looking fellow, but
I mean that certainly added to the picture, if you will,
let the defense wanted the faint. Rudolph remembers the scene too.
Oh yeah, no, I I noticed the deputy sort of
(36:21):
came out of the side there. The jurors moved a
few feet to the left. The judge had a deputy
behind him. Uh. Now, I saw all that. The judge
was very concerned. He was going to go over the
witness chair and come at me. Rudolph intended to use
that to his advantage. If he could show Watkins as
(36:42):
an unstable felon prone to rage in violence, he could
cement reasonable doubt about Kruth having planned Sarka's killing. Get there.
He must have been pretty angry at you for not
bringing the gun, wasn't He's the order and everybody laugh.
Kiss was extremely bizarre. He's the kind of guy that
(37:04):
you don't know what's gonna come out of his mouth.
James Exam, Kennedy's lawyer, was there in the courtroom as
the drama unfolded. That is the worst witness you can
ever have for the prosecution order defense. You kind of
want to know what they're gonna say and kind of
ask questions to bring in what you want and limit
what you don't. Impossible with Watkins, absolutely impossible. Rudolf heckled
(37:26):
Watkins about showing up to Carus's house allegedly to commit
a murder without a weapon on him. Heck, I mean,
you show up the hit man without the gun and
excuse me? So I'm still asking a question. And his
vicious criminal who has never had as much as a
parking ticket in his life, that commits the murder on
(37:48):
his first time out for crime, what was he gonna
escalate to? With the tension level rising, Rudolph pressed harder.
He must have been mighty angry at you to show
up at his house for this hint without the gun.
Wasn't he wasn't excuse me? Wasn't he? I just answered you,
what's your answer? Yes? You know, wasn't Heah? And in
(38:12):
a moment that everyone I interviewed remembers to this day,
Rudolf got what he wanted, and so did he say, Well,
you go on back and you go get that gun.
I didn't need a gun for me to kill somebody.
I don't need a gun. I'm two hundred and eighty
six pounds. I would rip you like a rag doll.
He'd like, I could rip you apart like a rag doll.
(38:36):
That's what I remember by that. And he's just said,
I'll tear you up like a rag doll. You go
back in that jury and you look at each other
and it's like, oh my god, did that just happen.
I'm two hundred and eighty six pounds and I could
rip you lim from them like a little rag doll.
I won't ever forget those words. If you looked at
the jury at that point, they were not leaning forward.
(38:57):
They were back, like you know, on their heels, like sky,
Get him out of here before he does something really bad.
This is Gronquist, the lawyer and court TV commentator. Probably
the most unhappy guy in that courtroom was gentry because
they were afraid they were going to lose the case.
Watkins ranted for another two minutes before Rudolph ended his
(39:18):
questioning altogether. I told him not to do it for
six months. I avoided him. He forced me to do it.
He threatened me and the ones I loved. He's representing
a person who had his baby's mama and baby contracted
out to Kim right about that. Eighteen years later, Watkins
(39:47):
remains proud of his testimony. In our jailhouse interview, he
reflected on his decision to cooperate with authorities and on
Sharika's killing the best worst. Rudolph two seems proud of
the exchange. I was very glad the marshals were between
(40:09):
me and him. You know, I didn't expect that. That's
that's one of those, you know, once in a lifetime
moments where somebody says something like that and it's uh wow.
And I think right after that, I said, I have
no further questions. In some ways, him going nuts on
the witness stand was just a bonus. It was a
(40:31):
very nice bonus, but it was just a bonus. That
wasn't the reason I called him. Rudolph did indeed call
Riddle to the stand, and she recounted her story. On
January two thousand one, fourteen months after Sharika Adams was shot,
(40:56):
the lawyers made their closing arguments. Cardill talked about Sharika's
one one call you by anything if your hand up.
Cardell said, quote, rayk Ruth can turn on the charm.
People are drawn to him. It's obvious, but there's another
(41:16):
side to him. Sharika Adams saw it too late. Man,
can you buy you? Who wants can find you? Got
with you? Okay? They've got to care of you, okay.
Rudolph said the States case made no sense and asked
the jury if it seemed likely that a man with
(41:36):
no criminal record in an NFL career would make his
first crime a murder for hire. It took twenty hours
of deliberation over the next four days for the jury
to reach a verdict. On January two thousand one, Pennell
stood in front of the judge holding four verdict sheets.
Caruth's very life hung in the balance with the jury
(41:57):
returned unanimous verdict. As follows at the defendant Ray Lamar.
I'm Scott Fowlard and this podcast is produced by Jeff
Signer and Rachel Wise and Davin Coburn at McClatchy Studios.
Find lots more about this case at Charlotte Observer dot com.
Slash Caruth and for just thirty dollars, subscribe now to
(42:18):
a full year of the Observer's award winning sports coverage
at Charlotte observer dot com slash sports pass. In chapter six,
The Miracle Boy, we counted every stops one, two, three.
We're kind of good because sometimes I'll tell him how
strong he is. You've got the athletic ability like your dad.
(42:39):
What do you call your grandmother? Look at these muscles
and crazy big muscle, But the brain is selling those
muscles to overwork. Usually he just saves the excitement for
the end. When he gets it. Today, he's so excited
you're head and he's just gonna do that the whole time.
A listener. Note this story contains adult language and some
graphic descriptions of violence previously on Kruth. She dies, and
we'll go about to try to walk him up. Of
course he's gone. My reaction to Race Lee was just
another big display of his cowardice. I received a call
(00:22):
from the FBI office telling me that he was in
a motel in Wildersville, Tennessee. The reality hit all of
us that this is not looking good at Terrae And
you know, were there any signs that any of this
stuff was going through his mind. I'll never forget seeing
that camera and saying he's back in. He's hiding the
(00:43):
license plate. We snuck him out the back door because
we didn't tell the media, and they didn't tell him
till he was already home and they said he's been released.
In late August, attorney David Rudolph strolled into a conference
room him in his modest two story office building just
a five minute drive from Charlotte's Mecklenburg County Courthouse. So
(01:06):
my name is David Rudolph, it's r U D O
L F. And I have been practicing since nineteen seventy four,
but in uh North Carolina, since nine seventy eight. For months,
I'd work to set up this interview with the man
who defended Ray Caruth at his murder trial. I'd arrived
fifteen minutes early and had taken a look around the office.
(01:28):
In that conference room, Rudolph has an enormous courtroom sketch
of the Cruth trial hanging on the wall, commemorating Charlotte's
Trial of the Century. Because it's a very cool picture,
and it's Jerry McJunkins, and he is the best courtroom
artist in the world. I think the picture shows the
(01:51):
attorney in a brown suit, commanding the packed courtroom and
gesturing at his client. Back then, Jeff Signer, one of
our producers for this podcast, was the only still photographer
allowed in the courtroom. He's there in the image. The
man next to Jeff is working the only video camera
there for Court TV. And Jerry came in here and
(02:12):
he showed me the middle panel. This is a trip
tich actually, and I said, oh, I like that. He said,
you want to buy it? Yeah? How much is it?
He said, Before you do that, let me show you
the other two. So, having spent a fair amount of money,
we're better to hang it. It seems fitting that Rudolph
(02:33):
celebrates the trial as it forms a straight line to
the case that brought him even more prominence, his criminal
defense of North Carolina author Michael Peterson. I understand you
want to pump the ratings, but give me a break.
That case surrounding the death of Peterson's wife was chronicled
in a documentary available on Netflix called The Staircase. Jeane
(02:55):
Deaver had a pattern and preparing misleading expert reports. The
filmmakers had just finished and won an Academy Award for
murder on a Sunday morning, which was another documentary they did.
They were looking for another case in the United States,
if from France to follow, so they called some contacts
(03:17):
at Court TV. Well, Court TV had just finished covering
Race case. So the person they spoke with said, well,
you know, called David. He may know of some cases
that are going on. So they called me and they said,
we're looking and explaining, looking for a case, and uh,
then we were off to the Races. I wanted to
speak with Rudolph because he created Kruth's much debated legal
(03:41):
strategy in this case, but for another reason too. Throughout
his career, the defense attorney often became as large a
lightning rod in his cases as the people he defended.
That was a key subplot in Kruth's trial. I've been
to trial a number of times, so I've had attorneys
that have been ag That's Mark Post, the FBI agent
(04:03):
who arrested Kruth in Tennessee, the de fac attorney. I
thought he's a good attorney. Boy. Rudolph Cross examined him
in the early stages of the three months trial, and
the lawyer was just getting started. A hit man without
a weapon, that's what you want to say. Well, that's
what you were. I could kill you with my hands.
(04:26):
But as Rudolph told me, there was far more to
this trial than a couple of sound bites. If everything
fell apart, Rudolph would still walk out of that courtroom.
Karruth would walk straight on to death row. From the
Charlotte Observer in McClatchy Studios, this is Kruth. I'm Scott Fowler,
and this is chapter five on trial. But the DDLL
(05:00):
of two thousand carutha been in jail for more than
six months. Sharika had been shot the prior November. Karuth's son,
Chancellor Lee, had been delivered by emergency C section. Once
Sharika died four weeks later, Kruth had fled the state,
been arrested by the FBI in Tennessee, and was charged
with first degree murder. All four defendants in Sharika's killing
(05:22):
now awaited trial, Van Brett Watkins, the admitted trigger man,
Michael Kennedy, who had confessed to buying the gun and
driving the car used in the drive by shooting, Stanley Abraham,
a friend of Kennedy's who most everyone agreed had no
prior knowledge of what was going to happen the night
Sharika was shot, and Kruth the supposed mastermind of the conspiracy,
(05:43):
an allegation that still confused his friends and family, and
my former roommate who had kind of dated him as
the one that called me and told me because she
had seen it on the news. Monique Young has been
Carruth's friend for decades. I've never seen a violent side
of him. I've never seen him really angry like that,
(06:05):
you know what I mean, Like he's that fun guy
that's always laughing and joking. I mean, I can still
in my mind picture where I was at, who I
was with, and getting a Hong Kong and just being shocked,
what the hell is going on? Karuth had hired a
well known Charlotte lawyer in George Louren, but once the
former Carolina Panther became the first well known active NFL
(06:28):
player about to be tried for first degree murder, Theodrey
Kruth wanted a bigger name legal team, including the highest
profile defense lawyer in the country at the time. I
think that his mom had called Johnny Cochrane because it
was sort of on the heels of the O J
case um, and so Johnny Cochrane was sort of the
(06:48):
the go to person, at least for ex football players.
Here's David Rudolph again. Johnny was in practice with Barry
check who is a good friend of mine. Uh and
so through that the Audrey was heard to me and
and I went and met with Ray and things sort
of progressed from there. Rudolph's primary opponent in the courtroom
was lead Prosecutor Gentry Cardell, who had already sent eight
(07:11):
men to death run. Several of them were given the
choice to be killed by lethal gas or lethal injection,
if you consider that much of a choice, but by
lethal injection had become North Carolina's only method of execution.
All the elements the first degree murder were present in
this case. Cardill had attended Sharika's funeral in December, and
(07:32):
even today remembers the circumstances ever shooting all too well.
Clearly firing five bullets point blank range into Shrike Adam's
body in an ambush killing, all the elements of premeditation
are there. In North Carolina, premeditated killings generally qualifies first degree.
Second degree murders don't require advanced planning. The second crucial
(07:55):
difference between those charges. Only first degree murders can be
punished by death as to the definitalty, the jury and
I even consider the death penalty unless aggravating circumstances are present.
In this case, the aggravating circumstances where it was called
pecunity gain for money. Second aggravating factor was especially atrocious.
(08:17):
Cruel heinous is a term of law. An ambush slaying
of an innocent, trusting, pregnant young woman a dark street,
leaving her on the side of the road to die,
leaving her unborn child with the life of disadvantages and challenges.
Beyond first degree murder, the state would charge Caruth with
(08:40):
conspiracy to commit murder, using an instrument with intent to
destroy an unborn child, and discharging a firearm into occupied property.
The jury was instructed to rule guilty or not guilty
on each of these four charges. Independently, we had four
codefendants charged with capital murder and the other company charges.
(09:02):
Cardell's team was determined to see justice done, but prosecuting
Kreuth required some careful calculation. There were key pieces of evidence.
They didn't have. Shrike Adams nine one one tape, although
powerful chilling, even what he said was that ray Ruth
was ahead of her, that he slowed, she slowed and
(09:22):
in the corporal beside her and started shooting, and she
said ray just left. So that tape, although very important,
just put him at her near the scene and of
for she had no way of knowing that he had
instigated this. To convict him of first degree murder, Cardell
needed to show Karuth had plotted to kill Sharika. The
(09:43):
police had checked his phone records and found before and
after the shooting of Sharika that he had made phone
calls to Michael Kennedy and Van Breda Watkins. Eventually, Watkins
gave it a confession that Rayka Ruth had hired him
to kill Shika. Michael Kennedy admitted that he had driven
the car. Stan abrahams admitted that he was in the car.
(10:06):
We had some concerns about the admissibility of the statements
of Shick Adams. We made police offers to the second
degree murder and the accompanying charges to all four defensives.
Kennedy and Abraham balked they thought second degree murder overstated
their involvement in the crime. Caruth also refused the plea,
(10:28):
which meant he would have his day in court to
face the men who could seal his fate. Cardiel wanted
to try all four men at once, but the motion
to join the cases was denied by Judge Charles Lamb,
who was a matter of prosecutorial efficiency to try to
(10:50):
have one trial instead of four. Secondly, it would be
almost enjoyable to have the four defendants over their fort
and fingers at one another during the course of the
trial and have them fighting among themselves. And we made
the decision to try first, And as we moved towards trial,
we felt in order to be assured of getting conviction,
(11:13):
we needed the testimony co defendant. The only defendant left
to take a plea was Watkins repeat Felon, who told
me in our jail house interview that he felt God
was watching over him when the death penalty was taken
off the table. God and then struggling Watkins could be
(11:42):
the prosecution star witness, but he could just as easily
explode on the stand, and Cardell knew it. We reluctantly
made a plea arrangement with Watkins because at that point
we really needed that testimony. Throughout two thousand, the looming
trial to shape like a violent Atlantic storm, and one
(12:02):
of the first casualties was Caruth's bank account. According to
court documents, the former football player had a net worth
of three hundred sixty eight thousand dollars the night before
Sharika's shooting. Less than a year later, Rudolph told Judge Lamb,
the first round NFL draft pick, had less than five
thousand dollars in his bank account and he couldn't pay
his lawyers anymore. Kruth was declared indigent. Rudolph was appointed
(12:27):
one of his state paid defense attorneys. So we've got
to Ruth that can fly in his jail cell. The
one time college English major took solace in the written word.
Stuart Time lets it Come Theodrey shared a poem her
Son wrote at the time with The Charlotte Observer. It began,
think about how many times you've been to the zoo. Ever,
(12:49):
wonder how it would feel if one of the animals
were you. Incredible, he continued, Ever, ask yourself if they
could remember how it feels to be re or fall.
Their memories had faded living life in captivity at the
first time. For Carolina, the poem ends, I bet you've
never since the animals pain, humility, or rage, because it's
(13:13):
impossible to conceive unless you've lived on both sides of
the cage. Caught into the end zone, touchdown Ray, Karol
and Carolina. As the storm around Caruth strengthened, even outsiders
were drawn into its path. I lived in Charlotte, and
at that time I was employed with Crisis Assistance Ministry
(13:35):
and was responsible for getting donations, getting stuff into the warehouse,
and distributing it to those folks that were referred to us.
This is Clark Pennell, a longtime Charlotte resident who was
summoned to Mecklenburg's Superior Courtroom thirty three oh one on
October twenty three, two thousand. Actually it was the second
(13:55):
time because I had to get received a summons earlier
in the year, and I had already planned a family vacation,
so they were at that time kind enough to defer
me to a later time. And I didn't really pay
any attention to the date that I got in a
later time. But we had gone to the beach with
(14:15):
some friends and we came back and somebody said something
about the Caruth trial starts tomorrow, and I said a
few words because I realized that that's when I had
gotten deferred to. Jury selection continued for seventeen days. Cardell
laid the stakes there, asking each potential juror if they
(14:36):
believed in the death penalty. The law allows the prosecution
to ask the jury if they would consider both punishments
life and the definitely, and if they say, no circumstances,
would I consider one or the other? And then we
can make a challenge the judge. Judge may or may
not accept the challenge and excuse the jura. Ultimately, the
(14:58):
jury of Kruth's peers was made but seven men and
five women, nine whites and three African Americans, but no
black men. The most unexpected selection was her Brown, a
lawyer who had practiced for thirty seven years in Charlotte
and had even stood across the courtroom from Cardell. I
know Ginger Colardell very well, knew him very well, tried
(15:19):
a lot of cases against him, and uh, it is
uncommon because both sides would feel like the attorney would
be the most dictatorial person on that jury and would
rob those other jurors of their choice to make their
own decisions. I'm so glad that whenever we sat down,
(15:39):
some other fella immediately now so he wanted to be
the foreman. Oh gosh, great. Judge Lamb told the Jewels
to avoid any media coverage of the case. Kruth's defense,
which would ultimately cost taxpayers more than two hundred thousand dollars,
was about to begin. The most infamous trial in Charlotte
(16:11):
history began with a voice from the grave played during
the opening moments of the state's opening argument. All right,
what's this name? Football hero? Rap Ruth drove away and
(16:32):
left Sharrick Adams and his own son forgid. Cardell stood
six ft two with a granite jaw after twenty eight
years as a prosecutor. He knew compelling evidence when he
heard it. She was fighting a whole on the life,
long enough to tell somebody what had happened and who
had done it, and to try to save her baby.
She was the strongest witness for herself to her own murder.
(16:56):
Shot at. I don't know I was shari because nine
one one call, he knew jurors like Pennel would react
when they heard it. It was very, uh emotional for
all of us that were there. Some of the ladies,
I think we're actually crying a little bit when they
heard it, and maybe some of us men too. Yeah.
(17:23):
It was also the first time Sharika's mother, Sandra, heard
the full twelve minute recording. I had not heard the
actual call no before court, and I still remember that
hit me like a ton of bricks um to to
(17:47):
hear the pain in her voice, but still too sense
that determination that through the pain and through whatever I
have to go through, I've got to get to safety
for my son. She even thought to be blowing the
horn and I remember on the nine one one called
(18:08):
the operaticis what does that noise? And She's like, it's
me I'm blowing the horn. I'm trying to get some attention.
What that horn? That was so her So you know,
it was a hard thing to hear. But yet through
all that you could, Yeah, you you see that personality,
(18:31):
that perseverance just coming through, that determination coming through. Even
Rudolph knew how powerful the moment was. I don't have
any doubt that that was the most important evidence, And
I have no doubt that whatever Sharika said was her
honest impression at the time. You know, I don't think
(18:52):
she was lying about that. I don't you know, I
don't think she was making something up. And Ray admits, yeah,
I was in front of her and I took off.
Now the whole thing about you know, slowing or stopping
my recollection, as there was some leading going into that.
I don't remember if it was the nine one one
operator who first suggested did he stop? But I don't
(19:13):
think she was the one who first said he stopped?
And again I could be wrong about this because it's
a long time ago. Are your boyfriend the one you
said that? All? Right? Almost immediately, the two lead attorneys
(19:39):
showed their differing styles. Rudolph's delivery was more flamboyant, and
he was more prone to pushing buttons. Someone who had
never been in trouble a day in his life, who
had never been violent towards anyone, who had never done
anything to Sharika, to turn from that into a con
(20:00):
raculum overnight, there's no votive there. Rudolph doesn't miss a
chance to say what he thinks. He's very sharp, he's
sharp tongue, he can be, and he is very quick.
That's what makes him a good trial occurring. Here's Jim Gronquist,
who represented co defendant Stanley Abraham at the time and
(20:20):
did commentary for court TVs coverage of the trial. Gentry
is very methodical. He doesn't get rattled easily. Gentry is
also a very sharp guy, and he knows what he's doing,
and he's been doing death penalty cases for a good while.
Like Cardell, Rudolph also began his opening argument with what
he said were someone else's words. The real legal strategy
(20:42):
was that Watkins had made a statement to a prison guard.
He flipped to a blank page on a large white
easel and wrote out a statement allegedly made by Watkins.
He had just given us money. None of this would
have happened. If Ray had just paid us the money,
none of this would have happened. Now, put that statement
(21:04):
in context with what I've told you about the lead
up to this. That statement formed the cornerstone of a
defense asserting Sharika had been shot as retribution for Kruth
backing out of a major drug deal. In Rudolph's size,
this was no planned hit. The only way you can
interpret that statement is consistent with Ray's story, Because if
(21:26):
he's a hit man, what does that mean. If he
had just paid me the money, none of this would
have happened, doesn't mean anything. It's Gibberick. Watkins told me
that the quote was fabricated either way, Rudolph continued throwing
verbal darts at Watkins, preemptively impugning the character of the
man everyone thought would be the state's key witness, until
suddenly a new witness came forward. Michael Kennedy, Hey, we're
(21:54):
gonna use Van Brett Watkins, And I'm just sitting here
thinking you're gonna use the guy who actually fired the
shots as your star witness. This is attorney James ExHAM,
who represented Kennedy at the time. But that ain't gonna work. Out,
so good for you. Whereas I've got this guy, he's yeah,
he's got some a little drug history, but this isn't
(22:14):
a drug case, and he's got all of the facts
of that night. And from the time that I met him,
he wanted to do the right thing. So, for example,
before there was any legal representation, he gave a fairly
full and pretty damage into himself, statement, confession, whatever you
(22:35):
want to call it. I said to him, Okay, based
on what you've told the police, you told them enough
to end up on death row, and now we need
to take that and turn it into a positive charged
with first degree murder and facing the same potential death
penalty as Caruth. Kennedy's offer was nearly unheard of. We
knew we didn't have a case that we could successfully
(22:59):
go to try on. We wanted to do the right thing,
which sometimes legally is challenging. We had one though, that
Michael was going to testify and he was gonna tell
the truth, the whole truth, and nothing but the truth.
And if he did that, I had confidence that Gentry
(23:19):
and the other prosecutes involved in the case would do
right by him when it was all said and done.
But it is true, there was no agreement. It was
one heck of a risk exam talked about risk in
more ways than one. And another piece of information that
has never before been reported. The lawyer told me that
once Kennedy agreed to testify against Ruth, his family found
(23:41):
itself in the crossfire. I knew there were a number
of threats, calls to his mom and I think his
sister as well. If Michael said certain things and Michael
didn't kind of threw me. I guess toned down what
he was saying against Ray because it was looked upon
as he was quote unquote snatching. Well, one person snitching
(24:02):
is another persons telling the truth. Kennedy's past meant he
had questionable credibility, But on the witness stand he spoke
convincingly and he stopped his car. She stopped behind he
is I stopped behind her. He said that Kruth told
him teammates were mocking him for getting Sharika pregnant, and
that Karuth hired Watkins to shoot her. So I put
(24:23):
up beside her car and he started shooting her car.
After Watkins fired those shots, What, if anything, were you
able to hear screaming? Are you referring to Sharika. Rudolph
tried to trip up Kennedy in his cross examination, right,
probably saying in his head that there was a bad plan. Also, No,
(24:43):
actually he's saying he's innocent. He's saying in his head
that he didn't do this, Mr Kennedy, and that you're
a liar. That's what he's saying. My impression is that
I didn't think I really undermined his credibility, you know,
really fificant way. I think there were certain things I
impeached him about, I think probably his drug dealing. But uh,
(25:05):
I don't remember feeling like, well I got him. Uh
So I think he was I think in truth he
was an effective witness. It doesn't mean he wasn't lying.
It just means he was a good liar. What Ray
says is he cannot understand why Kennedy didn't just tell
(25:27):
the truth. The only sense he makes out of it
is that here's Kennedy driving the car. Watkins shoots this woman.
He's driving the car. It's not going to do him
any good to roll on Watkins. So the only person
who he can provide evidence about is Ray. But Ray
(25:50):
said that he always expected Watkins to lie, but he
was really surprised that Kennedy lied. Kennedy declined to participate
in this project. I asked Kennedy's lawyer for a response
to that assertion. Uh, none of that was made up.
And I don't think it was an accident that Ray
(26:11):
stops in front of Sharika and then the car filled
with the people that he had put together came up
and shot her. I don't think there's any fantasy and
that I think it's very very sad. On the stand,
other witnesses for the prosecution were equally unsparing. The state
called Michelle Wright, the mother of Karuth's other son, Ray Jr.
(26:32):
She told the court that once when she planned to
bring the child to visit his father in Charlotte, Karuth
told her quote, don't be surprised if you get in
a car accident. In a recent phone interview, Write said
she and Karuth are now in amicable terms and that
he has apologized for treating her and their son poorly.
But she reaffirmed that even if Karuth had been joking
(26:54):
about the car accident, everything she said in court was true.
The state called three dozen witnesses in the trial, including
that FBI agent Mark Post, and Post brought visuals. I
mentioned we have a special effects unit and with him
in the trunk, they can recreate that based upon the
make and model of the vehicle. They got the dimensions
(27:15):
of the trunk. I described to them what was in
the trunk. Ray Kruth yearned bottles and then the candy rappers.
Rudolph took a combative approach to his cross examination, his demeanor,
the way he talked, the way he asked questions very
almost meaning and trying to play a game for the
(27:37):
jury and trying to make it look as if we
had done something wrong when all we had was do
what we were supposed to do and arrest Ray Kruth.
Cardill also called Amber Turner, the woman out in Colorado
who had become pregnant with Kruth's child soon after he
was drafted by Carolina. She told the jury that Kruth
(27:58):
pressured her to abort the pregnant see, which she did.
She testified that he told her quote, don't make me
send somebody out there to kill you. You know I
would do it. You can't have this baby. Cardell also
introduced Sharreika's notes from her hospital bed, including the one
that read he was driving in front of me and
stopped in the road, and a car pulled up beside me,
(28:19):
and he blocked the front. After eleven days, the state
rested its case. Prosecutors were convinced that done their jobs,
and best of all, they hadn't had to call Watkins.
Kennedy had been an imperfect witness to the crime, but
for Cardell, he was good enough. As the case began,
Michael Kennedy's lawyer came to me and said he was
(28:42):
willing to testify against Gray Ruth without a plea agreement
because he wanted the truth to come out, and we
decided we wouldn't fact use him, which made the necessity
of putting Watkins on the stand to spear, and we
decided clue not to you. Still, watkins plea bargain down
(29:02):
to second degree murder would be honored, even though he
didn't testify for the state. Well, he had done what
he had agreed to do. That is, he stood willing
to testify and cooperated with us. He was holding up
his share of the bargain, so we were wanting to
do so also. But now it was Rudolph's turn. The
(29:29):
defense needed to cast reasonable doubt on Cardell's case, and
Rudolph's preference had long been to not call his clients
to testify in their own defense. Besides, at the time,
the defense said Kruth wasn't at the scene of the crime,
so he had nothing to say about the shooting. My
approach generally is trials are about whether there's reasonable doubt
(29:50):
or not, whether the state makes his case beyond a
reasonable doubt. Once you put on evidence, that paradigm shifts
a little bit goes. Now the jury is just sort
of saying, Okay, do I believe Ray Kruth? It becomes
just that. And then of course you had things like
(30:10):
he's found in the trunk of a car, you know,
with five thousand dollars in a water bottle um, you know.
I mean, there were some ugly facts that he would
have been cross examined about mercilessly. The defense ultimately called
forty witnesses of its own, from Panther's teammates to Caruth's
bail bondsman, to one of his high school football coaches,
(30:31):
but not the head coach. I followed it every day
on port TV, be honest with you, and then I
got called by his lawyer, who was I guess, a
very significant lawyer and one of the best around. His
secretary called me about five times. I was out mowing
the lawn. My wife said, Hey, you gotta answer this.
(30:52):
This is Dave Hoskins, Caruth's head coach at Sacramento's Valley
High School. He's the man who called Kruth up to
the varsity inn. They wanted me to come and testify
for rad I said, I heard the nine one one call.
I watched this every day, and that's not the ray
Caruf I knew, and I said no. The defense was
(31:14):
able to convince one of the Valley High assistant coaches
to be a character witness, but Rudolph's gutsiest move was
calling the man Caudill had decided to leave on the sidelines,
Van Brett Watkins. Three different juror members, and all three
of them remember Watkins test I'll bet they do. I
(31:34):
do too. The defense needed the jury to hear what
Watkins allegedly told that jailer, a woman named Shirley Riddle.
If they could show Watkins acted alone, Caruth would be
off the hook. And Rudolph had been hammering on this
quote since his opening statement. He had just given us
money none of this would have happened, So we had
(31:57):
to get that evidence. If Shirley Riddle comes in says
that's what Watkins told me, it's hearsay. However, if it
comes in to contradict his testimony, it's coming in for
impeachment purposes. Now that's a distinction that makes no sense
(32:17):
to any lay person, but it's the law. So I
was fully prepared to cross examine Watkins about this statement
to Riddle, have him deny it, and then call Riddle
to impeach him. Well, Gentry Cordell decided not to call Watkins.
So now what do I do. The only way I
(32:38):
can have Riddle testify is if I put Van Brett
Watkins on the stand. I asked him the question, didn't
you tell this to Shirley Riddle? And either way, if
he says yes, I said it, I don't need Shirley
Riddle anymore. If he denies it, now I have Shirley
Riddle to testify. No, he did say that, And let
(32:59):
me just say, that's a guts he move, you know.
I mean, I'm putting on the hit man just to
get that one piece of evidence. But I needed it.
What Rudolph got was a verbal sparring match that lasted
two days on court, TV, on the national news, and
in front of the world. Today, the exchanges are immortalized
(33:20):
on YouTube. Well, you're a lot bigger than he is. Right,
he's a lot more dangerous than I am, because he
has a really violent background compared to yours. Is that
he took murder as his first child. We understand that
your story to save your life, sir, save my life?
My life is still gone. Are you going to be
strapped to a gurney, sir? Are you going to be
(33:41):
strapped to a guarney? Are you going to be strapped
to a gurney? I don't know. In his testimony what
cans describe the night of the shooting in detail, he
(34:04):
admitted to being a longtime felon. Even his language cut
some jurors off guard. Being present in court for several weeks,
(34:33):
Van Brett Watkins was a scary subject. Here's jury, remember
her brown again. He was a huge guy physically like
he was an offensive tackle for an NFL team, and
uh he seemed to be where he didn't have any
soul to him, any conscious about what was right and wrong.
(34:54):
He was apparently paid to do something and he carried
it out, whether you believed him or not. Watkins testimony
made compelling theater. During one of the hit Man's days
on the stand, about twenty Panthers players gathered in front
of a TV in their locker room after practice. Several
of Kruth's former teammates had testified on his behalf, but
(35:15):
Watkins and Kennedy's testimonies had planted a seat of doubt
in the mind of some players. Even a trial. You
you're still hoping and praying that man, okay, it's not him,
he'd have nothing to do with it. Mike Miner is
a former teammate of Caruth's and when you have people
who was involved telling the whole thing, that's when it
blows your way. As when somebody who was actually there
(35:37):
firsthand knowledge. Man, so now you you you look and
you said okay. Well had to be with Watkins on
the stand, the courtroom was tense, and Judge Lamb could
sense it. Lamb felt the leg shackles Watkins were in
court weren't enough security, much to Cardill's chagrin. Well, Judge
Lamb had a deputy standing between Watkins and Judge Lamb.
(35:59):
I mean directly between them, standing up there and the
witness stand almost in his lamp glaring at Watkins. I
can understand that he was a scary looking fellow, but
I mean that certainly added to the picture, if you will,
let the defense wanted the faint. Rudolph remembers the scene too.
Oh yeah, no, I I noticed the deputy sort of
(36:21):
came out of the side there. The jurors moved a
few feet to the left. The judge had a deputy
behind him. Uh. Now, I saw all that. The judge
was very concerned. He was going to go over the
witness chair and come at me. Rudolph intended to use
that to his advantage. If he could show Watkins as
(36:42):
an unstable felon prone to rage in violence, he could
cement reasonable doubt about Kruth having planned Sarka's killing. Get there.
He must have been pretty angry at you for not
bringing the gun, wasn't He's the order and everybody laugh.
Kiss was extremely bizarre. He's the kind of guy that
(37:04):
you don't know what's gonna come out of his mouth.
James Exam, Kennedy's lawyer, was there in the courtroom as
the drama unfolded. That is the worst witness you can
ever have for the prosecution order defense. You kind of
want to know what they're gonna say and kind of
ask questions to bring in what you want and limit
what you don't. Impossible with Watkins, absolutely impossible. Rudolf heckled
(37:26):
Watkins about showing up to Carus's house allegedly to commit
a murder without a weapon on him. Heck, I mean,
you show up the hit man without the gun and
excuse me? So I'm still asking a question. And his
vicious criminal who has never had as much as a
parking ticket in his life, that commits the murder on
(37:48):
his first time out for crime, what was he gonna
escalate to? With the tension level rising, Rudolph pressed harder.
He must have been mighty angry at you to show
up at his house for this hint without the gun.
Wasn't he wasn't excuse me? Wasn't he? I just answered you,
what's your answer? Yes? You know, wasn't Heah? And in
(38:12):
a moment that everyone I interviewed remembers to this day,
Rudolf got what he wanted, and so did he say, Well,
you go on back and you go get that gun.
I didn't need a gun for me to kill somebody.
I don't need a gun. I'm two hundred and eighty
six pounds. I would rip you like a rag doll.
He'd like, I could rip you apart like a rag doll.
(38:36):
That's what I remember by that. And he's just said,
I'll tear you up like a rag doll. You go
back in that jury and you look at each other
and it's like, oh my god, did that just happen.
I'm two hundred and eighty six pounds and I could
rip you lim from them like a little rag doll.
I won't ever forget those words. If you looked at
the jury at that point, they were not leaning forward.
(38:57):
They were back, like you know, on their heels, like sky,
Get him out of here before he does something really bad.
This is Gronquist, the lawyer and court TV commentator. Probably
the most unhappy guy in that courtroom was gentry because
they were afraid they were going to lose the case.
Watkins ranted for another two minutes before Rudolph ended his
(39:18):
questioning altogether. I told him not to do it for
six months. I avoided him. He forced me to do it.
He threatened me and the ones I loved. He's representing
a person who had his baby's mama and baby contracted
out to Kim right about that. Eighteen years later, Watkins
(39:47):
remains proud of his testimony. In our jailhouse interview, he
reflected on his decision to cooperate with authorities and on
Sharika's killing the best worst. Rudolph two seems proud of
the exchange. I was very glad the marshals were between
(40:09):
me and him. You know, I didn't expect that. That's
that's one of those, you know, once in a lifetime
moments where somebody says something like that and it's uh wow.
And I think right after that, I said, I have
no further questions. In some ways, him going nuts on
the witness stand was just a bonus. It was a
(40:31):
very nice bonus, but it was just a bonus. That
wasn't the reason I called him. Rudolph did indeed call
Riddle to the stand, and she recounted her story. On
January two thousand one, fourteen months after Sharika Adams was shot,
(40:56):
the lawyers made their closing arguments. Cardill talked about Sharika's
one one call you by anything if your hand up.
Cardell said, quote, rayk Ruth can turn on the charm.
People are drawn to him. It's obvious, but there's another
(41:16):
side to him. Sharika Adams saw it too late. Man,
can you buy you? Who wants can find you? Got
with you? Okay? They've got to care of you, okay.
Rudolph said the States case made no sense and asked
the jury if it seemed likely that a man with
(41:36):
no criminal record in an NFL career would make his
first crime a murder for hire. It took twenty hours
of deliberation over the next four days for the jury
to reach a verdict. On January two thousand one, Pennell
stood in front of the judge holding four verdict sheets.
Caruth's very life hung in the balance with the jury
(41:57):
returned unanimous verdict. As follows at the defendant Ray Lamar.
I'm Scott Fowlard and this podcast is produced by Jeff
Signer and Rachel Wise and Davin Coburn at McClatchy Studios.
Find lots more about this case at Charlotte Observer dot com.
Slash Caruth and for just thirty dollars, subscribe now to
(42:18):
a full year of the Observer's award winning sports coverage
at Charlotte observer dot com slash sports pass. In chapter six,
The Miracle Boy, we counted every stops one, two, three.
We're kind of good because sometimes I'll tell him how
strong he is. You've got the athletic ability like your dad.
(42:39):
What do you call your grandmother? Look at these muscles
and crazy big muscle, But the brain is selling those
muscles to overwork. Usually he just saves the excitement for
the end. When he gets it. Today, he's so excited
you're head and he's just gonna do that the whole time.
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