Carruth was convicted of conspiracy charges in the death of his former girlfriend. Lawyers for the former Carolina Panther will try to prove Tuesday that what his former girlfriend, Cherika Adams, said after she was shot, lacked credibility.
The information Adams gave before she died blames Carruth for her death, but Carruth's attorney's plan is to argue that Adams words came in a drug induced state, and were admitted without cross examination--uncontradicted and unimpeached.
Those lawyers say Tuesday's hearing all comes down to fairness--adding they didn't have a chance to break down Adams eyewitness account. So far lower courts have agreed.
Carruth will not be in court Tuesday – just his lawyers. We're expecting there to be no witnesses or exhibits either.