THE EYE WITNESS

 

 

ROBERT RUSHINSKY

 

Robert Rushinsky spent a car ride with the alleged shooter and was sitting next to Fulton, the victim, in the car at the time of the shooting.

 

He was interviewed the night of the shooting. He told police that he and Fulton had picked up a drug dealer on the corner of Massachusetts and G street and driven to pick up some crack. He thought Fulton was familiar with the guy they picked up because when he got in the car, Fulton said ‘what’s up Freddie’ but the guy said ‘My name ain’t Freddie’.

 

Rushinsky stated he had observed this male in the area before but did not know him and had never purchased drugs from him before that night.

 

When shown a photo array (polaroid photos) that included Freddie McNeill, he failed to pick out anybody. (He was later shown Lorain mug shots and positively identified Freddie McNeill.)

 

Rushinsky’s story was very different once he got to trial. Suddenly he remembered that he had bought drugs off the shooter before, that he knew where the shooter lived and that the shooter was in fact the defendant, Freddie McNeil. He also conveniently forgot the details that would contradict the evidence of other prosecution witnesses such as the colour of the gun which he had previously described as silver/gray.

 

Robert Rushinsky could not positively identify the shooter on the night of the shooting. When everything was fresh in his mind, he did not know who the shooter was.  Yet almost a year later, he identified Freddie McNeill.