People v. Cousin CA4/2

STATEMENT OF FACTS

The victim, Cleveland “Roosevelt” Rush, called police stating that “I want

to report a robbery. [¶] . . . [¶] Um, I was coming out of the motel and this guy jumped

out and . . . [¶] . . . [¶] . . . [t]ook like a sharp nail object to my neck and took $20 from

me.” Rush gave a general description of the robber but did not indicate that he could

identify him. He said he was then at a Winchell’s. At trial, however, Rush testified that

he had not been robbed and that he had called 911 because he had lent money to

defendant that evening and wanted it back. Rush further testified that after giving

defendant the money, he himself walked to a gas station convenience store where he

intended to meet someone and buy drugs. At this point Rush realized he no longer had

enough money. He first called his dealer to delay the transaction, and then called 911.

Perhaps realizing that his story was illogical, Rush further explained that he had

been high on drugs at the time and not thinking sensibly when he contrived the supposed

plan to get the police to take the $20 back from defendant. He explained his failure to tell

the police dispatcher that defendant was the…