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| Monday, January 8 Associated Press | |||
| CHARLOTTE, N.C. -- North Carolina taxpayers have been paying
for Rae Carruth's defense in his murder trial because the former
NFL player has been declared indigent.
Carruth's lawyers so far have been paid more than $104,500,
according to records kept by the state's Administrative Office of
the Courts.
Taxpayers also have paid $10,000 to Carruth's jury consultant
and $7,100 for investigative work. The final cost of Carruth's
defense is expected to be much higher.
In 1999, Carruth earned $38,382 a game as a wide receiver for
the Carolina Panthers.
A declaration of indigence does not mean Carruth is penniless.
It simply means he is unable to bear the financial burden of a
capital murder defense.
The ruling on his finances came months ago, but it hasn't been
made public because Judge Charles Lamm ordered the court papers
sealed.
The Charlotte Observer obtained some of the documents by
requesting them from the state courts agency. Among the documents
are copies of orders issued by Lamm under seal July 5 and Oct. 5.
In both, the judge notes Carruth has been declared indigent.
Carruth lawyer David Rudolf and co-counsel Christopher Fialko
declined to comment Saturday.
"From our perspective, the only important thing is that Rae
Carruth is receiving a competent, caring defense," Rudolf said.
The average taxpayer cost to appoint two private attorneys in a
capital murder trial is $66,000, according to the most recent
figures compiled by the courts agency.
The cost of Carruth's lawyers already has far exceeded that
figure, primarily because the case is more complex and has taken
longer to try than the typical capital case.
The $85 hourly rate the state is paying Rudolf and Fialko is the
standard fee for court-appointed lawyers and is much lower than
Rudolf's standard $300-an-hour fee.
Carruth's finances have been a central issue in his trial, which
is about to enter its 11th week and could go to the jury this week.
Prosecutors contend Carruth arranged the November 1999 shooting
of his girlfriend Cherica Adams, who was eight months' pregnant
with his son, in part because he did not want to pay child support.
Adams was shot four times in a drive-by attack. The baby was
saved by emergency Caesarean section, but Adams died a month later.
Carruth's lawyers have argued that their client, who could face
the death penalty if convicted, had no financial problems at the
time of the shooting. Last month, they introduced evidence showing
that Carruth had a net worth of almost $368,000 in November 1999.
But Carruth's finances weakened considerably after he was
arrested. He paid $125,000 to get out of jail on $3 million bond
when he was first arrested, while Adams was still alive.
Later, Carruth's assets were temporarily frozen when Adams'
relatives sought custody of the baby, Chancellor Adams, and child
support from Carruth.
In August, Carruth's lawyer in the support case, Bill Diehl,
said that besides his house, Carruth "doesn't have a whole lot
left."
The house was auctioned under foreclosure in November for
$209,000, less than the original value of Carruth's mortgage.
Public documents in the case show Carruth has $30,000 in an NFL
401(k) plan, about $35,000 in an investment frozen by federal
authorities in an unrelated case and about $30,000 in severance
payment he will receive if he never plays in the NFL again.
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