0:00

A listener. Note this story contains

0:03

adult language and some graphic descriptions

0:05

of violence previously

0:11

on Kruth. She dies, and we'll

0:14

go about to try to walk him up. Of course he's gone.

0:16

My reaction to Race Lee was

0:18

just another big display of

0:21

his cowardice. I received a call from the

0:23

FBI office telling me

0:25

that he was in a

0:27

motel in Wildersville,

0:30

Tennessee. The reality hit all of

0:32

us that this is not looking good at Terrae

0:34

And you know, were there any signs that

0:36

any of this stuff was going through his mind. I'll

0:39

never forget seeing that camera and saying

0:41

he's back in. He's hiding the license

0:43

plate. We snuck him out the back door because we didn't

0:46

tell the media, and they didn't tell him till he

0:48

was already home and they said he's been

0:50

released. In late

0:57

August, attorney David Rudolph strolled

0:59

into a conference room him in his modest two story

1:01

office building just a five minute drive from

1:03

Charlotte's Mecklenburg County Courthouse. So

1:06

my name is David Rudolph, it's r U D

1:08

O L F. And I have been

1:10

practicing since nineteen

1:13

seventy four, but in uh North

1:15

Carolina, since nine seventy eight. For months,

1:17

I'd work to set up this interview with the man

1:20

who defended Ray Caruth at his murder

1:22

trial. I'd arrived fifteen

1:24

minutes early and had taken a look around

1:26

the office. In that

1:28

conference room, Rudolph has an enormous

1:30

courtroom sketch of the Cruth trial

1:32

hanging on the wall, commemorating Charlotte's

1:35

Trial of the Century. Because it's a very

1:37

cool picture, and

1:42

it's Jerry McJunkins, and

1:44

he is the best courtroom

1:46

artist in the

1:49

world. I think the picture shows the attorney

1:51

in a brown suit, commanding the packed

1:54

courtroom and gesturing at his client.

1:57

Back then, Jeff Signer, one of our

1:59

producers for this podcast, was

2:01

the only still photographer allowed in the courtroom.

2:04

He's there in the image. The man next

2:06

to Jeff is working the only video camera

2:08

there for Court TV. And

2:10

Jerry came in here and he

2:12

showed me the middle panel. This is a trip tich

2:15

actually, and I said, oh,

2:17

I like that. He said, you want to buy it? Yeah?

2:20

How much is it? He said, Before you do

2:22

that, let me show you the other two. So,

2:27

having spent a fair amount of money,

2:30

we're better to hang it. It seems fitting

2:32

that Rudolph celebrates the trial as

2:34

it forms a straight line to the case that brought

2:38

him even more prominence, his criminal

2:40

defense of North Carolina author Michael

2:42

Peterson. I understand you want to pump

2:44

the ratings, but give me a break. That

2:47

case surrounding the death of Peterson's

2:49

wife was chronicled in a documentary

2:52

available on Netflix called The

2:54

Staircase. Jeane Deaver had a pattern

2:56

and preparing misleading expert

2:58

reports. The filmmakers

3:01

had just finished and won an Academy

3:03

Award for murder on a Sunday

3:05

morning, which was another documentary they did.

3:08

They were looking for another case

3:11

in the United States, if from France to

3:13

follow, so they

3:15

called some contacts at Court TV.

3:19

Well, Court TV had just finished covering

3:21

Race case. So

3:23

the person they spoke with said, well,

3:26

you know, called David. He may know of

3:28

some cases that are going on. So

3:31

they called me and they said, we're looking and explaining,

3:33

looking for a case, and uh, then we were off

3:35

to the Races. I wanted to speak

3:37

with Rudolph because he created Kruth's

3:39

much debated legal strategy in this

3:42

case, but for another reason too.

3:45

Throughout his career, the defense attorney

3:47

often became as large a lightning rod

3:49

in his cases as the people he defended.

3:52

That was a key subplot in Kruth's

3:54

trial. I've been to trial a

3:56

number of times, so I've had attorneys

3:59

that have been ag That's

4:01

Mark Post, the FBI agent who arrested

4:04

Kruth in Tennessee, the de

4:06

fac attorney. I thought he's

4:08

a good attorney. Boy.

4:12

Rudolph Cross examined him in the early stages

4:14

of the three months trial, and the lawyer

4:16

was just getting started. A

4:19

hit man without a weapon, that's

4:21

what you want to say. Well, that's what you were. I

4:24

could kill you with my hands.

4:26

But as Rudolph told me, there was far more

4:28

to this trial than a couple of sound bites.

4:31

If everything fell apart, Rudolph

4:34

would still walk out of that courtroom.

4:36

Karruth would walk straight on to death row.

4:39

From the Charlotte Observer in McClatchy Studios,

4:42

this is Kruth. I'm Scott

4:44

Fowler, and this is chapter five

4:47

on trial. But

4:59

the DDLL of two thousand carutha been

5:01

in jail for more than six months.

5:04

Sharika had been shot the prior November.

5:06

Karuth's son, Chancellor Lee, had

5:08

been delivered by emergency C section.

5:11

Once Sharika died four weeks later, Kruth

5:14

had fled the state, been arrested by

5:16

the FBI in Tennessee, and was charged

5:18

with first degree murder. All

5:20

four defendants in Sharika's killing now

5:22

awaited trial, Van Brett Watkins,

5:25

the admitted trigger man, Michael

5:27

Kennedy, who had confessed to buying the gun

5:29

and driving the car used in the drive by

5:31

shooting, Stanley Abraham, a

5:34

friend of Kennedy's who most everyone agreed

5:36

had no prior knowledge of what was going to happen

5:38

the night Sharika was shot, and Kruth

5:41

the supposed mastermind of the conspiracy,

5:43

an allegation that still confused his friends

5:46

and family, and my former roommate

5:48

who had kind of dated

5:50

him as the one that called

5:52

me and told me because she had seen it on

5:54

the news. Monique Young has been Carruth's

5:56

friend for decades. I've never

5:59

seen a violent

6:01

side of him. I've never seen

6:03

him really angry like that, you

6:05

know what I mean, Like he's that fun guy that's always

6:08

laughing and joking. I mean, I can still

6:10

in my mind picture where

6:12

I was at, who I was with, and

6:15

getting a Hong Kong and just being shocked,

6:17

what the hell is going on? Karuth

6:20

had hired a well known Charlotte lawyer in

6:22

George Louren, but once

6:24

the former Carolina Panther became the first

6:26

well known active NFL player

6:28

about to be tried for first degree murder,

6:31

Theodrey Kruth wanted a bigger name legal

6:33

team, including the highest profile

6:35

defense lawyer in the country at the time.

6:38

I think that his mom had called Johnny

6:40

Cochrane because it was sort of on the

6:42

heels of the O J case

6:45

um, and so Johnny Cochrane was sort of

6:47

the the go to person, at

6:49

least for ex football players. Here's David

6:51

Rudolph again. Johnny was in

6:54

practice with Barry check who is a good friend

6:56

of mine. Uh and so through

6:58

that the Audrey was heard to

7:00

me and and I went and met with Ray and things

7:03

sort of progressed from there. Rudolph's

7:06

primary opponent in the courtroom was lead

7:08

Prosecutor Gentry Cardell, who

7:10

had already sent eight men to

7:12

death run. Several of them were

7:14

given the choice to be killed by lethal gas

7:16

or lethal injection, if you consider

7:19

that much of a choice, but by lethal

7:22

injection had become North Carolina's only

7:24

method of execution. All the elements

7:26

the first degree murder were present in this case.

7:28

Cardill had attended Sharika's funeral in

7:31

December, and even today remembers

7:33

the circumstances ever shooting all too well.

7:35

Clearly firing five bullets

7:38

point blank range into Shrike Adam's

7:40

body in an ambush killing,

7:43

all the elements of premeditation are there.

7:46

In North Carolina, premeditated killings

7:48

generally qualifies first degree. Second

7:51

degree murders don't require advanced

7:53

planning. The second crucial difference

7:56

between those charges. Only first

7:58

degree murders can be punished by death

8:00

as to the definitalty, the jury

8:02

and I even consider the death penalty unless aggravating

8:05

circumstances are present. In

8:07

this case, the aggravating circumstances where

8:10

it was called pecunity gain for

8:12

money. Second aggravating

8:14

factor was especially atrocious.

8:17

Cruel heinous is a term of

8:19

law. An ambush slaying

8:21

of an innocent, trusting, pregnant

8:24

young woman a dark street,

8:27

leaving her on the side of the road to die,

8:29

leaving her unborn child

8:31

with the life of disadvantages

8:34

and challenges. Beyond

8:37

first degree murder, the state would charge

8:39

Caruth with conspiracy to commit murder,

8:42

using an instrument with intent to destroy

8:44

an unborn child, and discharging

8:47

a firearm into occupied property.

8:49

The jury was instructed to rule guilty

8:52

or not guilty on each of these four

8:54

charges. Independently, we had

8:56

four codefendants charged with

8:58

capital murder and the other

9:01

company charges. Cardell's team

9:03

was determined to see justice done,

9:05

but prosecuting Kreuth required some

9:07

careful calculation. There were key

9:10

pieces of evidence. They didn't have. Shrike

9:12

Adams nine one one tape, although

9:15

powerful chilling, even what

9:18

he said was that ray Ruth was ahead

9:20

of her, that he slowed, she slowed

9:22

and in the corporal beside her and started

9:24

shooting, and she said ray just left.

9:27

So that tape, although very important,

9:30

just put him at her near the scene and

9:33

of for she had no way of knowing that he

9:35

had instigated this. To

9:37

convict him of first degree murder, Cardell

9:39

needed to show Karuth had plotted to kill

9:42

Sharika. The police had checked

9:44

his phone records and found

9:46

before and after the shooting of Sharika that

9:49

he had made phone calls to Michael

9:52

Kennedy and Van Breda Watkins. Eventually,

9:55

Watkins gave it a confession that

9:57

Rayka Ruth had hired him to kill Shika. Michael

10:00

Kennedy admitted that he had driven the car.

10:03

Stan abrahams admitted that he was

10:05

in the car. We had some concerns

10:08

about the admissibility of the statements

10:10

of Shick Adams. We

10:13

made police offers to

10:15

the second degree murder and the accompanying

10:17

charges to all four defensives. Kennedy

10:20

and Abraham balked they thought second

10:22

degree murder overstated their involvement

10:24

in the crime. Caruth also refused

10:27

the plea, which meant he would have his day

10:29

in court to face the men who could

10:31

seal his fate. Cardiel

10:39

wanted to try all four men at once,

10:42

but the motion to join the cases was denied

10:44

by Judge Charles Lamb, who was

10:47

a matter of prosecutorial efficiency

10:50

to try to have one trial instead of four.

10:53

Secondly, it would be almost enjoyable

10:55

to have the four defendants over their fort

10:57

and fingers at one another during the course

10:59

of the trial and have them fighting among

11:01

themselves. And we made

11:03

the decision to try first,

11:07

And as we moved towards trial,

11:09

we felt in order to

11:11

be assured of getting conviction, we needed

11:13

the testimony co defendant.

11:16

The only defendant left to take a plea

11:18

was Watkins repeat Felon,

11:21

who told me in our jail house interview that he

11:23

felt God was watching over him when the death

11:25

penalty was taken off the table.

11:29

God and

11:33

then struggling

11:41

Watkins could be the prosecution star

11:43

witness, but he could just as easily explode

11:46

on the stand, and Cardell knew it.

11:48

We reluctantly

11:51

made a plea arrangement with Watkins

11:53

because at that point we really needed that

11:56

testimony. Throughout two thousand,

11:58

the looming trial to shape like a violent

12:01

Atlantic storm, and one of the first

12:03

casualties was Caruth's bank account.

12:05

According to court documents, the former

12:08

football player had a net worth of three hundred

12:10

sixty eight thousand dollars the night before

12:12

Sharika's shooting. Less than a

12:14

year later, Rudolph told Judge Lamb,

12:16

the first round NFL draft pick, had less

12:19

than five thousand dollars in his bank account

12:21

and he couldn't pay his lawyers anymore. Kruth

12:24

was declared indigent. Rudolph

12:26

was appointed one of his state paid defense

12:28

attorneys. So we've got to

12:30

Ruth that can fly in his jail

12:33

cell. The one time college English

12:35

major took solace in the written word.

12:37

Stuart Time lets it Come

12:40

Theodrey shared a poem her Son wrote

12:42

at the time with The Charlotte Observer. It

12:45

began, think about how many times

12:47

you've been to the zoo. Ever, wonder

12:49

how it would feel if one of the animals were you. Incredible,

12:56

he continued, Ever, ask yourself

12:58

if they could remember how it feels to be re or

13:00

fall. Their memories had faded living

13:02

life in captivity at the first

13:06

time. For Carolina, the poem ends,

13:08

I bet you've never since the animals pain,

13:10

humility, or rage, because

13:12

it's impossible to conceive unless

13:15

you've lived on both sides of the cage. Caught

13:17

into the end zone, touchdown Ray,

13:19

Karol and Carolina. As

13:22

the storm around Caruth strengthened, even

13:25

outsiders were drawn into its path. I

13:27

lived in Charlotte, and

13:31

at that time I was employed with Crisis

13:33

Assistance Ministry and was

13:35

responsible for getting donations, getting

13:37

stuff into the warehouse, and distributing

13:39

it to those folks that were

13:42

referred to us. This is Clark Pennell,

13:44

a longtime Charlotte resident who was summoned

13:46

to Mecklenburg's Superior Courtroom thirty

13:49

three oh one on October twenty three,

13:51

two thousand. Actually it

13:54

was the second time because I

13:56

had to get received a summons earlier in

13:58

the year, and I had

14:00

already planned a family vacation, so

14:03

they were at that time kind enough to defer

14:06

me to a later time. And

14:09

I didn't really pay any attention to the date

14:12

that I got in a later time. But

14:14

we had gone to the beach with some friends

14:16

and we came back and

14:19

somebody said something about the Caruth trial starts

14:21

tomorrow, and I said a

14:23

few words because I realized that

14:26

that's when I had gotten deferred to. Jury

14:29

selection continued for seventeen days.

14:32

Cardell laid the stakes there, asking

14:35

each potential juror if they believed

14:37

in the death penalty. The law allows

14:39

the prosecution to ask the jury

14:42

if they would consider both punishments life

14:44

and the definitely, and

14:47

if they say, no circumstances,

14:49

would I consider one or the other? And then we

14:51

can make a challenge the judge. Judge may

14:54

or may not accept the challenge

14:56

and excuse the jura. Ultimately,

14:58

the jury of Kruth's peers was made but seven

15:00

men and five women, nine

15:02

whites and three African Americans,

15:05

but no black men. The most unexpected

15:07

selection was her Brown, a lawyer

15:10

who had practiced for thirty seven years in Charlotte

15:13

and had even stood across the courtroom from

15:15

Cardell. I know Ginger Colardell very

15:17

well, knew him very well, tried a lot of

15:19

cases against him, and uh,

15:22

it is uncommon because both

15:24

sides would feel like the attorney

15:26

would be the most dictatorial

15:28

person on that jury and would

15:31

rob those other jurors of

15:33

their choice to make their own

15:35

decisions. I'm so glad

15:37

that whenever we sat down, some

15:40

other fella immediately now so

15:42

he wanted to be the foreman. Oh

15:44

gosh, great. Judge

15:47

Lamb told the Jewels to avoid any media

15:49

coverage of the case. Kruth's

15:52

defense, which would ultimately cost taxpayers

15:54

more than two hundred thousand dollars, was

15:56

about to begin. The

16:09

most infamous trial in Charlotte history

16:11

began with a voice from the grave played

16:14

during the opening moments of the state's

16:16

opening argument. All

16:25

right, what's this name? Football

16:30

hero? Rap Ruth drove away and

16:32

left Sharrick Adams and his own son forgid.

16:35

Cardell stood six ft two with

16:37

a granite jaw after twenty

16:39

eight years as a prosecutor. He knew

16:41

compelling evidence when he heard it. She was

16:43

fighting a whole on the life, long enough to

16:45

tell somebody what had happened

16:48

and who had done it, and to try to save

16:50

her baby. She was the strongest witness

16:52

for herself to her own murder. Shot

16:57

at. I don't know

16:59

I was shari because nine one one call, he

17:01

knew jurors like Pennel would react when

17:03

they heard it. It was very,

17:06

uh emotional for all

17:08

of us that were there. Some of the

17:10

ladies, I think we're actually crying a little

17:12

bit when they heard it, and maybe some of us

17:14

men too. Yeah.

17:23

It was also the first time Sharika's

17:26

mother, Sandra, heard the full twelve minute

17:28

recording. I had not heard

17:31

the actual call no

17:34

before court, and

17:40

I still remember that hit me like

17:43

a ton of bricks um

17:46

to to hear the

17:48

pain in her

17:50

voice, but still too

17:53

sense that determination that

17:55

through the pain and through whatever I have to

17:57

go through, I've got to

18:00

get to safety for

18:02

my son. She even thought

18:04

to be blowing the horn and I

18:06

remember on the nine one one called the

18:09

operaticis what does that noise? And She's

18:11

like, it's me I'm blowing the horn.

18:13

I'm trying to get some attention. What

18:16

that horn? That

18:20

was so her So you

18:22

know, it was a hard

18:24

thing to hear. But yet through all

18:26

that you could, Yeah, you you

18:29

see that personality, that perseverance

18:32

just coming through, that determination coming

18:34

through. Even

18:37

Rudolph knew how powerful the moment was.

18:40

I don't have any doubt that that was the most important

18:42

evidence, And I have no doubt that

18:44

whatever Sharika said was her honest

18:48

impression at

18:50

the time. You know, I don't think she

18:52

was lying about that. I don't you know, I don't

18:54

think she was making something up. And

18:56

Ray admits, yeah, I was in front of her and I

18:58

took off. Now the whole thing about

19:01

you know, slowing or stopping my

19:03

recollection, as there was some leading going

19:05

into that. I don't remember if it was the nine one

19:08

one operator who first suggested

19:10

did he stop? But I

19:13

don't think she was the one who first

19:15

said he stopped? And

19:17

again I could be wrong about this because it's

19:19

a long time ago. Are your boyfriend

19:21

the one you said that? All?

19:32

Right? Almost

19:37

immediately, the two lead attorneys

19:39

showed their differing styles. Rudolph's

19:42

delivery was more flamboyant, and he was

19:44

more prone to pushing buttons. Someone

19:46

who had never been in trouble a day in

19:48

his life, who had never

19:50

been violent towards anyone, who

19:53

had never done anything to Sharika, to

19:57

turn from that into

19:59

a con raculum

20:01

overnight, there's

20:04

no votive there. Rudolph

20:06

doesn't miss a chance to say what he

20:08

thinks. He's very sharp, he's sharp tongue,

20:11

he can be, and he is very quick.

20:13

That's what makes him a good trial occurring. Here's

20:16

Jim Gronquist, who represented co defendant

20:18

Stanley Abraham at the time and

20:20

did commentary for court TVs coverage

20:23

of the trial. Gentry is very methodical.

20:26

He doesn't get rattled easily.

20:28

Gentry is also a very sharp guy, and

20:30

he knows what he's doing, and he's been doing death

20:32

penalty cases for a good while. Like

20:35

Cardell, Rudolph also began his opening

20:37

argument with what he said were someone

20:39

else's words. The real legal strategy

20:42

was that Watkins had made a statement

20:45

to a prison guard. He flipped

20:47

to a blank page on a large white easel

20:49

and wrote out a statement allegedly made

20:51

by Watkins. He had just given

20:53

us money. None of this would

20:56

have happened. If Ray had just paid

20:58

us the money, none of this would

21:01

have happened. Now, put

21:03

that statement in context

21:05

with what I've told you about

21:08

the lead up to this. That statement

21:10

formed the cornerstone of a defense asserting

21:12

Sharika had been shot as retribution for

21:15

Kruth backing out of a major drug deal.

21:17

In Rudolph's size, this was no planned

21:20

hit. The only way you can interpret

21:22

that statement is consistent with Ray's

21:24

story, Because if he's a hit man,

21:27

what does that mean. If he had just paid me the money, none

21:29

of this would have happened, doesn't mean anything. It's

21:31

Gibberick. Watkins told me that the quote

21:34

was fabricated either way,

21:36

Rudolph continued throwing verbal darts

21:38

at Watkins, preemptively impugning

21:40

the character of the man everyone thought

21:42

would be the state's key witness, until

21:45

suddenly a new witness came forward.

21:49

Michael Kennedy, Hey,

21:53

we're gonna use Van Brett Watkins, And I'm

21:55

just sitting here thinking you're

21:58

gonna use the guy who actually

22:00

fired the shots as your star witness.

22:03

This is attorney James ExHAM, who

22:05

represented Kennedy at the time. But

22:07

that ain't gonna work. Out, so good for you. Whereas

22:09

I've got this guy, he's yeah, he's got

22:11

some a little drug history,

22:14

but this isn't a drug case, and he's

22:16

got all of the facts of that night.

22:18

And from the time that I met him, he

22:20

wanted to do the right

22:23

thing. So, for example,

22:25

before there was any legal representation,

22:27

he gave a fairly full

22:31

and pretty damage into himself,

22:34

statement, confession, whatever you want

22:36

to call it. I said to him,

22:38

Okay, based on what you've told the police, you told

22:40

them enough to end up on death

22:43

row, and now we need to

22:45

take that and turn it into a positive

22:47

charged with first degree murder and facing

22:50

the same potential death penalty as Caruth.

22:53

Kennedy's offer was nearly unheard of.

22:55

We knew we didn't have a case that we

22:57

could successfully go to try

23:00

on. We wanted

23:02

to do the right thing, which

23:05

sometimes legally is challenging.

23:08

We had one though, that Michael was

23:10

going to testify and he was gonna tell the truth,

23:13

the whole truth, and nothing but the truth. And

23:15

if he did that, I had

23:17

confidence that Gentry and

23:19

the other prosecutes involved in the case would

23:21

do right by him when it was all said

23:24

and done. But it is true, there was

23:26

no agreement. It was one heck

23:28

of a risk exam talked about

23:31

risk in more ways than one. And

23:33

another piece of information that has never before

23:35

been reported. The lawyer told me

23:37

that once Kennedy agreed to testify against

23:40

Ruth, his family found itself in

23:42

the crossfire. I knew there were a number

23:44

of threats, calls to his mom

23:46

and I think his sister as well. If

23:49

Michael said certain things and Michael

23:51

didn't kind of threw me. I guess

23:53

toned down what he was saying against Ray because

23:56

it was looked upon as he was

23:59

quote unquote snatching. Well,

24:01

one person snitching is another persons

24:03

telling the truth. Kennedy's past meant

24:06

he had questionable credibility,

24:08

But on the witness stand he spoke convincingly

24:10

and he stopped his car. She stopped behind

24:13

he is I stopped behind her. He

24:15

said that Kruth told him teammates were

24:17

mocking him for getting Sharika pregnant,

24:20

and that Karuth hired Watkins to shoot

24:22

her. So I put up beside her car and

24:25

he started shooting her car. After

24:28

Watkins fired those shots,

24:30

What, if anything, were you able to hear

24:33

screaming? Are you referring to Sharika.

24:36

Rudolph tried to trip up Kennedy in his cross

24:38

examination, right, probably saying in his

24:40

head that there was a bad plan. Also,

24:43

No, actually he's saying he's innocent. He's

24:46

saying in his head that he didn't do

24:48

this, Mr Kennedy, and that you're a liar. That's

24:50

what he's saying. My impression is that

24:54

I didn't think I really undermined

24:57

his credibility, you know, really

25:00

fificant way. I think there were certain things I impeached

25:02

him about, I think probably his drug dealing.

25:04

But uh, I don't remember feeling

25:07

like, well I got him.

25:09

Uh So I think he was I

25:12

think in truth he was an effective witness.

25:14

It doesn't mean he wasn't lying. It just

25:16

means he was a good liar. What

25:19

Ray says is he cannot

25:22

understand why

25:25

Kennedy didn't just tell

25:27

the truth. The only

25:30

sense he makes out of it is that here's Kennedy

25:33

driving the car. Watkins

25:36

shoots this woman. He's driving

25:38

the car. It's not going to do him

25:40

any good to roll on Watkins.

25:43

So the only person who he can

25:45

provide evidence about is

25:48

Ray. But Ray said that he always

25:51

expected Watkins to lie, but

25:54

he was really surprised that

25:56

Kennedy lied. Kennedy

25:58

declined to participate in this project. I

26:01

asked Kennedy's lawyer for a response

26:03

to that assertion. Uh,

26:06

none of that was made up. And

26:09

I don't think it was an accident that Ray stops

26:11

in front of Sharika and then the car

26:13

filled with the people that he had put

26:15

together came up and shot her. I

26:18

don't think there's any fantasy and

26:20

that I think it's very very sad. On

26:23

the stand, other witnesses for the prosecution

26:25

were equally unsparing. The

26:27

state called Michelle Wright, the mother

26:29

of Karuth's other son, Ray Jr.

26:32

She told the court that once when she planned

26:34

to bring the child to visit his father in Charlotte,

26:37

Karuth told her quote, don't

26:39

be surprised if you get in a car accident.

26:42

In a recent phone interview, Write said

26:44

she and Karuth are now in amicable terms

26:47

and that he has apologized for treating

26:49

her and their son poorly. But

26:51

she reaffirmed that even if Karuth had been

26:53

joking about the car accident, everything

26:56

she said in court was true. The

26:59

state called three dozen witnesses in the trial,

27:02

including that FBI agent Mark

27:04

Post, and Post brought visuals.

27:06

I mentioned we have a special effects unit

27:09

and with him in the trunk, they can recreate

27:11

that based upon the make and model

27:13

of the vehicle. They got the dimensions

27:15

of the trunk. I described

27:18

to them what was in the trunk. Ray

27:20

Kruth yearned bottles

27:23

and then the candy rappers.

27:26

Rudolph took a combative approach to his cross

27:28

examination, his demeanor,

27:30

the way he talked, the way he asked questions

27:33

very almost meaning and trying

27:36

to play a game for the jury and trying

27:38

to make it look as if we

27:41

had done something wrong when all we had was

27:43

do what we were supposed to do and arrest Ray Kruth.

27:48

Cardill also called Amber Turner, the

27:50

woman out in Colorado who had become

27:52

pregnant with Kruth's child soon

27:54

after he was drafted by Carolina. She

27:57

told the jury that Kruth pressured her to abort

27:59

the pregnant see, which she did. She

28:02

testified that he told her quote, don't

28:04

make me send somebody out there to kill you.

28:06

You know I would do it. You can't have this

28:09

baby. Cardell also introduced

28:11

Sharreika's notes from her hospital bed, including

28:14

the one that read he was driving in front

28:16

of me and stopped in the road, and a car

28:18

pulled up beside me, and he blocked the front.

28:22

After eleven days, the state rested

28:24

its case. Prosecutors

28:26

were convinced that done their jobs, and

28:29

best of all, they hadn't had to call Watkins. Kennedy

28:31

had been an imperfect witness to the crime,

28:34

but for Cardell, he was good enough. As

28:36

the case began, Michael

28:39

Kennedy's lawyer came to me and

28:41

said he was willing to testify

28:44

against Gray Ruth without

28:46

a plea agreement because he wanted the truth

28:48

to come out, and we

28:51

decided we wouldn't fact use him, which

28:53

made the necessity of putting Watkins

28:56

on the stand to spear, and we decided

28:59

clue not to you. Still, watkins

29:01

plea bargain down to second degree murder would

29:03

be honored, even though he didn't testify

29:06

for the state. Well, he had done

29:08

what he had agreed to do. That is, he stood

29:10

willing to testify and cooperated with us.

29:12

He was holding up his share

29:14

of the bargain, so we were wanting

29:17

to do so also. But

29:19

now it was Rudolph's

29:21

turn. The

29:29

defense needed to cast reasonable doubt

29:31

on Cardell's case, and Rudolph's

29:34

preference had long been to not call

29:36

his clients to testify in their own defense.

29:38

Besides, at the time, the defense

29:41

said Kruth wasn't at the scene of the crime,

29:43

so he had nothing to say about the shooting. My

29:45

approach generally is trials

29:48

are about whether there's reasonable doubt or not, whether

29:51

the state makes his case beyond

29:53

a reasonable doubt. Once

29:55

you put on evidence, that

29:57

paradigm shifts a little bit goes.

30:00

Now the jury is just sort of saying,

30:02

Okay, do I believe Ray

30:04

Kruth? It becomes

30:07

just that. And then of

30:09

course you had things like he's found in the trunk

30:11

of a car, you know, with

30:13

five thousand dollars in a water bottle

30:16

um, you know. I mean, there were some ugly

30:18

facts that he would have been cross examined

30:21

about mercilessly. The defense ultimately

30:23

called forty witnesses of its own, from

30:25

Panther's teammates to Caruth's bail

30:28

bondsman, to one of his high school football

30:30

coaches, but not the head coach.

30:32

I followed it every day on port TV,

30:35

be honest with you, and then I

30:37

got called by his lawyer, who

30:39

was I guess, a very significant lawyer

30:42

and one of the best around. His

30:44

secretary called me about five

30:46

times. I was

30:48

out mowing the lawn. My wife said, Hey, you

30:50

gotta answer this. This is Dave Hoskins,

30:53

Caruth's head coach at Sacramento's

30:55

Valley High School. He's the man who

30:57

called Kruth up to the varsity inn.

31:00

They wanted me to come and testify for rad

31:03

I said, I heard the nine one

31:05

one call. I watched

31:07

this every day, and that's

31:10

not the ray Caruf I knew, and

31:12

I said no. The defense was able

31:15

to convince one of the Valley High assistant

31:17

coaches to be a character witness, but

31:19

Rudolph's gutsiest move was calling the man

31:21

Caudill had decided to leave on the sidelines,

31:24

Van Brett Watkins. Three

31:27

different juror members, and all

31:30

three of them remember Watkins test

31:32

I'll bet they do. I do

31:35

too. The

31:37

defense needed the jury to hear what Watkins

31:39

allegedly told that jailer, a woman

31:41

named Shirley Riddle. If they could show

31:44

Watkins acted alone, Caruth

31:46

would be off the hook. And Rudolph

31:48

had been hammering on this quote since his opening

31:50

statement. He had just given us

31:53

money none of this would

31:55

have happened, So we had to

31:57

get that evidence. If Shirley Riddle

31:59

comes in says that's what

32:01

Watkins told me, it's

32:04

hearsay. However,

32:07

if it comes in to contradict his testimony,

32:11

it's coming in for impeachment purposes.

32:14

Now that's a distinction that makes

32:16

no sense to any

32:19

lay person, but it's the law. So

32:21

I was fully prepared to cross examine Watkins

32:24

about this statement to Riddle, have

32:26

him deny it, and then call Riddle

32:30

to impeach him. Well, Gentry

32:32

Cordell decided not to call Watkins.

32:35

So now what do I do. The only

32:37

way I can have Riddle testify

32:40

is if I put Van Brett Watkins

32:43

on the stand. I

32:45

asked him the question, didn't you tell this to

32:47

Shirley Riddle? And either way, if

32:49

he says yes, I said it, I don't need Shirley

32:51

Riddle anymore. If he denies

32:53

it, now I have Shirley Riddle

32:56

to testify. No, he did say that,

32:58

And let me just say, that's

33:00

a guts he move, you know.

33:02

I mean, I'm putting on the hit

33:05

man just to get that one piece

33:07

of evidence. But I needed it. What

33:10

Rudolph got was a verbal sparring match

33:12

that lasted two days on court,

33:14

TV, on the national news, and

33:17

in front of the world. Today,

33:19

the exchanges are immortalized on YouTube.

33:21

Well, you're a lot bigger than he is. Right,

33:24

he's a lot more dangerous than I am, because

33:26

he has a really violent background compared to

33:28

yours. Is that he took murder

33:30

as his first child. We

33:33

understand that your story to save your life, sir,

33:35

save my life? My life is still

33:37

gone. Are you going to be strapped to a gurney,

33:40

sir? Are you going to be strapped

33:42

to a guarney? Are you going to be strapped

33:44

to a gurney? I don't know. In

33:46

his testimony what cans describe

33:48

the night of the shooting in detail, he

34:04

admitted to being a longtime felon. Even

34:07

his language cut some jurors off guard.

34:29

Being present in court for

34:32

several weeks, Van Brett

34:34

Watkins was a scary subject.

34:37

Here's jury, remember her brown again.

34:39

He was a huge guy physically

34:42

like he was an offensive tackle for

34:44

an NFL team, and

34:46

uh he seemed to be where

34:48

he didn't have any soul to him,

34:51

any conscious about what was right

34:53

and wrong. He was apparently

34:55

paid to do something and he carried it out,

34:58

whether you believed him or not. Watkins

35:00

testimony made compelling theater. During

35:03

one of the hit Man's days on the stand,

35:05

about twenty Panthers players gathered in

35:07

front of a TV in their locker room after

35:09

practice. Several of Kruth's

35:12

former teammates had testified on his behalf,

35:14

but Watkins and Kennedy's testimonies

35:16

had planted a seat of doubt in the mind of some

35:19

players. Even a trial. You you're

35:21

still hoping and praying that man, okay,

35:24

it's not him, he'd have nothing to do with it.

35:26

Mike Miner is a former teammate of Caruth's

35:29

and when you have people who was involved

35:31

telling the whole thing, that's when

35:34

it blows your way. As when somebody who was

35:36

actually there firsthand knowledge.

35:38

Man, so now you you you look and you said okay.

35:40

Well had to be with Watkins

35:43

on the stand, the courtroom was tense, and

35:45

Judge Lamb could sense it. Lamb

35:47

felt the leg shackles Watkins were in court

35:50

weren't enough security, much

35:52

to Cardill's chagrin. Well, Judge

35:54

Lamb had a deputy standing between

35:57

Watkins and Judge Lamb. I

35:59

mean directly between them,

36:01

standing up there and the witness stand almost

36:04

in his lamp glaring at Watkins.

36:07

I can understand that he was a

36:09

scary looking fellow, but I

36:11

mean that certainly added to the picture,

36:14

if you will, let the defense wanted the faint.

36:16

Rudolph remembers the scene too. Oh

36:18

yeah, no, I I noticed the deputy sort

36:20

of came out of the side there. The

36:23

jurors moved a few feet

36:25

to the left. The judge

36:27

had a deputy behind him.

36:30

Uh. Now, I saw all that. The

36:32

judge was very concerned. He was going to go over

36:34

the witness chair and come at

36:36

me. Rudolph intended to use that

36:39

to his advantage. If he

36:41

could show Watkins as an unstable felon

36:43

prone to rage in violence, he could

36:45

cement reasonable doubt about Kruth having

36:47

planned Sarka's killing. Get

36:49

there. He must have been pretty

36:52

angry at you for

36:54

not bringing the gun, wasn't

36:57

He's the order and everybody laugh.

37:00

Kiss was extremely bizarre.

37:03

He's the kind of guy that you don't know what's gonna

37:05

come out of his mouth. James

37:08

Exam, Kennedy's lawyer, was there in the

37:10

courtroom as the drama unfolded. That

37:12

is the worst witness you can ever have for the

37:14

prosecution order defense. You

37:16

kind of want to know what they're gonna say and

37:18

kind of ask questions to bring in what

37:21

you want and limit what you don't. Impossible

37:23

with Watkins, absolutely impossible.

37:25

Rudolf heckled Watkins about showing up to

37:27

Carus's house allegedly to commit

37:30

a murder without a weapon on him. Heck,

37:33

I mean, you show up the hit man without

37:35

the gun and excuse

37:38

me? So I'm still asking a question. And

37:41

his vicious criminal who

37:44

has never had as much as a parking ticket

37:46

in his life, that commits the murder on

37:48

his first time out for crime, what

37:51

was he gonna escalate to? With the tension

37:53

level rising, Rudolph pressed

37:55

harder. He must have been mighty angry

37:57

at you to show up at

37:59

his house for this hint without

38:02

the gun. Wasn't he wasn't

38:05

excuse me? Wasn't he? I just

38:07

answered you, what's your answer? Yes? You know, wasn't

38:10

Heah? And in a moment

38:12

that everyone I interviewed remembers to this

38:14

day, Rudolf got what he wanted,

38:17

and so did he say, Well, you go on back

38:19

and you go get that gun. I

38:21

didn't need a gun for me

38:23

to kill somebody. I don't need a gun.

38:26

I'm two hundred and eighty six pounds.

38:28

I would rip you like a rag doll. He'd

38:32

like, I could rip you apart

38:34

like a rag doll. That's what I

38:36

remember by that. And he's just said, I'll

38:38

tear you up like a rag doll. You go back

38:40

in that jury and you look at each other and it's like,

38:42

oh my god, did that just happen. I'm

38:45

two hundred and eighty six pounds and

38:47

I could rip you lim from them

38:49

like a little rag doll. I

38:51

won't ever forget those words. If you looked

38:53

at the jury at that point, they were not leaning

38:56

forward. They were back, like

38:58

you know, on their heels, like sky, Get

39:01

him out of here before he does something

39:03

really bad. This is Gronquist,

39:05

the lawyer and court TV commentator.

39:08

Probably the most unhappy guy in that courtroom

39:10

was gentry because they

39:12

were afraid they were going to lose the case. Watkins

39:15

ranted for another two minutes before

39:17

Rudolph ended his questioning altogether.

39:20

I told him not to do it for six

39:22

months. I avoided him. He forced

39:24

me to do it. He threatened me and the

39:26

ones I loved. He's representing

39:29

a person who had

39:31

his baby's mama and baby

39:34

contracted out to Kim

39:37

right about that. Eighteen

39:46

years later, Watkins remains proud

39:48

of his testimony. In our jailhouse

39:50

interview, he reflected on his decision

39:52

to cooperate with authorities and on

39:54

Sharika's killing the best

39:59

worst. Rudolph

40:05

two seems proud of the exchange. I

40:07

was very glad the marshals were between me and

40:10

him.

40:13

You know, I didn't expect that.

40:15

That's that's one of those, you

40:17

know, once in a lifetime moments where somebody

40:20

says something like that and it's uh

40:22

wow. And I think right after that, I said,

40:25

I have no further questions. In some ways,

40:27

him going nuts on the witness stand was

40:30

just a bonus. It was a very nice

40:32

bonus, but it was just a bonus. That wasn't

40:34

the reason I called him. Rudolph did indeed

40:36

call Riddle to the stand, and she recounted

40:39

her story.

40:50

On January two thousand

40:52

one, fourteen months after Sharika

40:54

Adams was shot, the lawyers made

40:56

their closing arguments. Cardill talked

40:59

about Sharika's one one call

41:02

you by

41:05

anything if your

41:07

hand up. Cardell

41:10

said, quote, rayk Ruth can turn

41:12

on the charm. People are drawn to him.

41:14

It's obvious, but there's another side to

41:16

him. Sharika Adams saw it too late.

41:19

Man, can you buy you? Who wants can

41:21

find you? Got with

41:24

you? Okay?

41:27

They've got to care of you, okay. Rudolph

41:31

said the States case made no sense and

41:34

asked the jury if it seemed likely that a man

41:36

with no criminal record in an NFL

41:38

career would make his first crime a

41:40

murder for hire. It took

41:42

twenty hours of deliberation over the next

41:45

four days for the jury to reach a verdict.

41:48

On January two thousand one,

41:50

Pennell stood in front of the judge holding four

41:52

verdict sheets. Caruth's very

41:55

life hung in the balance with the jury

41:57

returned unanimous verdict. As follows

42:00

at the defendant Ray Lamar. I'm

42:03

Scott Fowlard and this podcast is produced

42:06

by Jeff Signer and Rachel Wise and

42:08

Davin Coburn at McClatchy Studios.

42:11

Find lots more about this case at Charlotte Observer

42:13

dot com. Slash Caruth and

42:15

for just thirty dollars, subscribe

42:17

now to a full year of the Observer's award

42:20

winning sports coverage at Charlotte

42:22

observer dot com slash sports

42:24

pass. In chapter

42:26

six, The

42:29

Miracle Boy, we counted every stops

42:31

one, two, three. We're kind of good

42:34

because sometimes I'll tell him how strong he is.

42:36

You've got the athletic ability like your

42:38

dad. What do you call your grandmother?

42:44

Look at these muscles and crazy

42:47

big muscle, But the brain is selling those muscles

42:50

to overwork. Usually

42:53

he just saves the excitement for the end. When

42:55

he gets it. Today, he's so excited

42:57

you're head and he's just gonna do that the whole time.