📄 Cross-examination of Richard Rubin — Thursday, June 15, 1995
Address:
C:\DEPT103\CRIMINAL\1995\JUN\15\CROSS-EXAMINATION-OF-RICHARD-R.DOC
TRIAL
▲ Day 96 of 167

Cross-examination of Richard Rubin

Witness: Richard Rubin
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 297
Johnnie Cochran cross-examined former Aris Isotoner executive Richard Rubin to undermine the prosecution's glove evidence. Cochran methodically established that up to 10,000 pairs of the Aris light gloves were sold exclusively through 13 Bloomingdale stores from 1982 to 1992, and that Rubin could not determine the purchase date of the gloves in evidence or confirm they were a matched pair from the same lot.
1 MR. COCHRAN:

Thank you, your Honor.

CROSS-EXAMINATION BY MR. COCHRAN

2 MR. COCHRAN:

Good afternoon, Mr. Rubin.

3 MR. RUBIN:

Good afternoon.

4 MR. COCHRAN:

And how long were you with the Aris Isotoner company prior to leaving in July of 1990, sir?

5 MR. RUBIN:

I started as a sales representative in 1976, and then in January of 1981, I became an executive of the management team. So for nine and a half years, from 1981 until approximately August 1st, 1990, I was working in New York out of their main offices.

6 MR. COCHRAN:

So you were with them something like 14 years altogether; is that correct?

7 MR. RUBIN:

Yes.

8 MR. COCHRAN:

And then you left, as I understand it, in about July of 1990; is that right?

9 MR. RUBIN:

Right.

10 MR. COCHRAN:

All right. Now, with regard to what--you call these as Aris light gloves; is that correct?

11 MR. RUBIN:

Correct.

12 MR. COCHRAN:

And you established for us that in your checking, you were able to find out that the Aris Isotoner company did in fact have a style no. 70268; is that correct?

13 MR. RUBIN:

That's correct.

14 MR. COCHRAN:

And you are aware on this case that the sales receipt from Bloomingdales from December 18th, 1990 had that particular style number. You're aware of that?

15 MR. RUBIN:

That's correct.

16 MR. COCHRAN:

And you've had occasion, have you not, to check--to do some checking regarding that style number, haven't you?

17 MR. RUBIN:

Yes.

18 MR. COCHRAN:

Did you have a conversation with Septh Vogelson at some point?

19 MR. RUBIN:

No.

20 MR. COCHRAN:

You never talked with him?

21 MR. RUBIN:

No.

22 MR. COCHRAN:

But you were able to ascertain in your search that the style 70268 was exclusive to a customer named herring in Europe; isn't that right?

23 MR. RUBIN:

That's what I was shown on a document once I arrived here.

24 MR. COCHRAN:

Arrived here in Los Angeles?

25 MR. RUBIN:

Yes.

26 MR. COCHRAN:

Oh, you didn't find this out on your own?

27 MR. RUBIN:

No. I knew in advance.

28 MR. COCHRAN:

You've answered that. You've answered that. You didn't find that out on your own?

29 MR. RUBIN:

I knew--I didn't know the customer.

30 MR. COCHRAN:

Okay. Well, let me go back. Let me ask you another question. In your position while you were still with Aris--

31 MR. RUBIN:

Yes.

32 MR. COCHRAN:

--did you ever have occasion to talk to the customer who the 70268 style was for?

33 MR. RUBIN:

Not the customer. The sales agent.

34 MR. COCHRAN:

All right. You talked to the sales agent at some point?

35 MR. RUBIN:

Yes.

36 MR. COCHRAN:

All right. And was that person in Europe?

37 MR. RUBIN:

Yes.

38 MR. COCHRAN:

All right. And now, with regard then--you've seen prior to your testifying here the Bloomingdales receipt; is that correct?

39 MR. RUBIN:

Yes.

40 MR. COCHRAN:

And you--in looking at that, you never anyplace in that receipt saw the number 70263, did you?

41 MR. RUBIN:

No, I did not.

42 MR. COCHRAN:

Now, am I correct in assuming that these--this style of glove, the Aris light, was manufactured by Aris in the Philippines; is that correct?

43 MR. RUBIN:

That's correct.

44 MR. COCHRAN:

And that they started manufacturing this particular glove in what year?

45 MR. RUBIN:

This glove was produced in the fall of 1989, in the spring of 1990.

46 MR. COCHRAN:

All right. So the first time it would have been produced would be in the fall of `89; is that correct?

47 MR. RUBIN:

Yes.

48 MR. COCHRAN:

And then it's your understanding they were produced again in 1990; is that correct?

49 MR. RUBIN:

I believe they were produced in the fall of 1990 again.

50 MR. COCHRAN:

All right. And it was your understanding also that they were produced in 1992--`91 and `92; isn't that correct?

51 MR. RUBIN:

Not in `92.

52 MR. COCHRAN:

All right. `91.

53 MR. RUBIN:

Yes.

54 MR. COCHRAN:

All right. And at some point, this Brosser stitching was changed; is that correct?

55 MR. RUBIN:

Yes.

56 MR. COCHRAN:

So it became a different kind of glove?

57 MR. RUBIN:

Different stitching.

58 MR. COCHRAN:

Right? Okay. Just so that we're clear, they were produced in 1989, right?

59 MR. RUBIN:

Yes.

60 MR. COCHRAN:

1990, right?

61 MR. RUBIN:

Yes.

62 MR. COCHRAN:

1991?

63 MR. RUBIN:

Yes.

64 MR. COCHRAN:

And they were changed in `92?

65 MR. RUBIN:

That's what I understand.

66 MR. COCHRAN:

Okay. You had left by that time?

67 MR. RUBIN:

I had left actually in 1990. However, prior to leaving in 1990, I had already placed production for the `91 year.

68 MR. COCHRAN:

I understand. So of your own personal knowledge, you can tell us about `89, `90 and `91, right?

69 MR. RUBIN:

Yes.

70 MR. COCHRAN:

And you told us these were fairly popular--this type of glove was fairly popular; is that correct?

71 MR. RUBIN:

I did not say that.

72 MR. COCHRAN:

Okay. You didn't say that?

73 MR. RUBIN:

No.

74 MR. COCHRAN:

All right. Were they? Maybe someone else said that. Were they fairly popular?

75 MR. RUBIN:

The quantity that was manufactured in this glove was minuscule in the scheme of the amount of leather gloves that Aris produced.

76 MR. COCHRAN:

Yes.

77 MR. RUBIN:

This particular glove was a popular style within Bloomingdales only as an exclusive style.

KEY QUOTE
78 MR. COCHRAN:

All right.

79 MR. RUBIN:

But in the scheme of things, it was very small.

80 MR. COCHRAN:

Well, you're a big company. It was a big company at that time; is that right?

81 MR. RUBIN:

It is a big company.

82 MR. COCHRAN:

All right. I understand that. But we're talking now about this particular style, okay?

83 MR. RUBIN:

Right.

84 MR. COCHRAN:

Now, in that connection, how many of these types of gloves, the Aris light, did you order for the 1989, if you so ordered, for the Bloomingdale stores?

85 MR. RUBIN:

I believe it was a thousand and eight dozen.

86 MR. COCHRAN:

A thousand and eight dozen in 1989; is that correct?

87 MR. RUBIN:

In the fall of `89 for utilization in 1990.

88 MR. COCHRAN:

Yes. So how many dozen was that?

89 MR. RUBIN:

A thousand and eight.

90 MR. COCHRAN:

A thousand and eight dozen?

91 MR. RUBIN:

Yes.

92 MR. COCHRAN:

All right. And were all those gloves sold, a thousand and eight dozen, if you know?

93 MR. RUBIN:

Definitely not.

94 MR. COCHRAN:

All right. And the ones that weren't sold, what happened to them? Were they sent back to the factory? Did they come back the next year or what?

95 MR. RUBIN:

Generally speaking, they're returned to the manufacturer, refurbished if necessary and held for shipment the following year.

96 MR. COCHRAN:

In other words, you wouldn't throw them away at any rate, right?

97 MR. RUBIN:

No.

98 MR. COCHRAN:

So all--of the thousand and eight dozen that were ordered for 1990, those that weren't sold were more than likely returned in 1990; isn't that correct?

99 MR. RUBIN:

Yes. But of the thousand and eight dozen that were ordered, if the return was excessive and the management team realized that they didn't need that amount of merchandise, they would reduce the order in February, March of 1990 to offset the amount that was returned, thus keeping the net available at approximately a thousand dozen.

100 MR. COCHRAN:

All right. Well, let's talk about that. How many then were on original order by Bloomingdales of the Aris light for 1990?

101 MR. RUBIN:

When I left at the end of July in 1990, there was approximately a thousand dozen on order.

102 MR. COCHRAN:

About a thousand dozen?

103 MR. RUBIN:

On order.

104 MR. COCHRAN:

Did you ever indicate to anyone that--that you believe that the original order by Bloomingdales of the Aris light gloves was approximately 6,000 pairs? Did you ever indicate that?

105 MR. RUBIN:

No.

106 MR. COCHRAN:

If someone indicated that there may have been as many as 10- to 12,000 pairs of these Aris Isotoner gloves or Aris light gloves, would that be correct?

107 MR. RUBIN:

It would be closer to 10 than six.

108 MR. COCHRAN:

Okay. 10,000?

109 MR. RUBIN:

Yes.

110 MR. COCHRAN:

So then the--your best estimate is that the original order in--for 1990 would be close to 10,000 pairs?

111 MR. RUBIN:

Yes.

112 MR. COCHRAN:

You didn't hear the testimony of the lady who just preceded you, did you?

113 MR. RUBIN:

No, I did not.

114 MR. COCHRAN:

And you didn't watch it on television?

115 MR. RUBIN:

No, I did not.

116 MR. COCHRAN:

And so this 10,000 pairs of gloves, that would be all Aris light gloves?

117 MR. DARDEN:

Objection. Misstates the testimony.

118 THE COURT:

Overruled.

119 MR. COCHRAN:

The 10,000 pairs of gloves. You can answer that.

120 MR. RUBIN:

It's--it's one style. You want to know the total quantity sold to Bloomingdales in leather gloves?

121 MR. COCHRAN:

Yes. I'm talking about one style so--right now.

122 MR. RUBIN:

Approximately 10,000 pairs.

123 MR. COCHRAN:

So that we're fixed--so that we're understanding each other, when you talk about the 10,000 pairs, you're talking about the Aris light, right?

124 MR. RUBIN:

Yes.

125 MR. COCHRAN:

Okay. And so what you're telling us is that there was something like 10,000 pairs of these gloves on order for the 1990 season as it were; is that right?

126 MR. RUBIN:

Yes.

127 MR. COCHRAN:

Of this particular style, right?

128 MR. RUBIN:

Yes.

129 MR. COCHRAN:

Now, of that 10,000 pairs--and of course, you had left the company at that point, but if they didn't sell all the 10,000 pairs that year in 1990, they would then return some of those, recycle some of those back for 1991 depending upon the demand of the order; isn't that right?

130 MR. RUBIN:

Correct.

131 MR. COCHRAN:

And then do you know how many were ordered for 1991, how many thousands of pairs?

132 MR. RUBIN:

Before I left, I probably would have put anywhere between 5- and 600 dozen into production to get the production flowing assuming that approximately 25 to 30 percent of what was delivered in the fall of 1990 would be returned.

133 MR. COCHRAN:

All right. So 5-, 600 dozen, how many would that be in pairs?

134 MR. RUBIN:

6,000 to 7200.

135 MR. COCHRAN:

So 7200. So that would be--so a little bit less than in 1990. If 1990 was 10,000 pairs, then you think maybe 7200 in 1991?

136 MR. RUBIN:

If they received--if they actually took in--after I left, if they actually took in all 10,000 pair, they probably would have sold 7- to 7500 of the 10.

137 MR. COCHRAN:

Okay.

138 MR. RUBIN:

Thus returning 2500 to 3,000, and then with the additional order that was placed before I left, it would come up--come up to the total available that they might require for the next year.

139 MR. RUBIN:

All right. So that's how we keep getting back to the 10,000 pair--

140 MR. RUBIN:

Right.

141 MR. COCHRAN:

--is that correct?

142 MR. RUBIN:

Yes.

143 MR. COCHRAN:

Is that a fair statement?

144 MR. RUBIN:

Yes.

145 MR. COCHRAN:

All right. And `89 was the first year. So in `89, how many did you order from the standpoint of pairs?

146 MR. RUBIN:

It was less in `89 than it was in `90. It was probably totally available, about 7500 pair.

147 MR. COCHRAN:

All right. So that we're clear then, so in 1989, which was the first year of this so-called Aris light, there was something like 75--was that the first year?

148 MR. RUBIN:

No.

149 MR. COCHRAN:

Was it the first year for Bloomingdales?

150 MR. RUBIN:

No.

151 MR. COCHRAN:

Okay. What was the first year of these Aris light gloves with the Brosser stitching were sold in the United States to Bloomingdales?

152 MR. RUBIN:

I believe it was 1982 or -3.

153 MR. COCHRAN:

And with this process we've been talking about, did it start back in `82?

154 MR. RUBIN:

Yes.

155 MR. COCHRAN:

All right. So then starting in 1982, `83, `84, `85 `86, `87, `88, `89 up to 1990, you had been making these gloves exclusively for Bloomingdales; is that correct?

156 MR. RUBIN:

Yes.

157 MR. COCHRAN:

And as I understand it, would I be correct in assuming that the number generally went up so that by 1989 or `90, you were in the range of 10,000 pairs of these gloves, the Aris light; is that right?

158 MR. RUBIN:

Right.

159 MR. COCHRAN:

And you think this continued on for `91 and `92 at least; is that correct?

160 MR. RUBIN:

Well, actually what occurred was, there was a tremendous warming trend, and in 1990, the business went, you know, substantially backwards, and I think it has actually slowed up since then. The peak sale of this product was the winter of `89. But based upon that, that's how the 10,000 pair came up to be because after the success of `89, they bought more for 1990.

161 MR. COCHRAN:

Sure. I understand that. So--but basically what we're talking about is the purchase of these gloves for up to 10,000 pairs of these Aris light gloves over a 10-year period basically, 1982 to 1992, right?

162 MR. RUBIN:

Yes. The quantities were extremely small though during the early years.

163 MR. COCHRAN:

All right. And when you say "Small," what did you start out with, an estimate of what you started out with in `82?

164 MR. RUBIN:

A hundred dozen.

165 MR. COCHRAN:

Hundred dozen?

166 MR. RUBIN:

1200 pairs.

167 MR. COCHRAN:

And how many is that?

168 MR. RUBIN:

1200 pair.

169 MR. COCHRAN:

1200?

170 MR. RUBIN:

Right.

171 MR. COCHRAN:

Right. But--so from 1200 to 10,000 per year up--by the time you got to `90.

172 MR. RUBIN:

That's correct.

173 MR. COCHRAN:

Is that right, sir?

174 MR. RUBIN:

That's correct.

175 THE COURT:

Excuse me, counsel. Mr. Rubin, you're going to have to let Mr. Cochran finish asking you the question before you start to answer. Mr. Cochran, you need to finish letting him answer before you start your next question.

176 MR. COCHRAN:

I will, your Honor.

177 THE COURT:

We have one court reporter who can only hear one voice at a time, if you would.

178 MR. COCHRAN:

Okay. Thank you, your Honor.

179 THE COURT:

We've got all afternoon.

180 MR. COCHRAN:

All right. Certainly.

181 THE COURT:

Proceed.

182 MR. COCHRAN:

Now, with regard to Bloomingdales, can you tell us, in December of 1990 or thereabouts, how many Bloomingdale stores were there in the United States?

183 MR. RUBIN:

13.

184 MR. COCHRAN:

And these gloves were exclusive to Bloomingdales; is that correct?

185 MR. RUBIN:

That's correct.

186 MR. COCHRAN:

And how many stores are there in New York in manhattan?

187 MR. RUBIN:

In manhattan? One.

188 MR. COCHRAN:

All right. And they come as far west as Chicago?

189 MR. RUBIN:

Back in 1990, yes.

190 MR. COCHRAN:

All right. So at that time, the time you left, you were furnishing 13 Bloomingdales stores of these Aris light gloves; is that right?

191 MR. RUBIN:

That's right.

192 MR. COCHRAN:

And would--the amounts we're talking about, ranging from 1200 pairs to 10,000 pairs, would that be for all of the stores?

193 MR. RUBIN:

Yes.

194 MR. COCHRAN:

All right. That would be for the Bloomingdale stores in the United States, all 13; is that right?

195 MR. RUBIN:

That's right.

196 MR. COCHRAN:

And they're sold throughout, right?

197 MR. RUBIN:

That's correct.

198 MR. COCHRAN:

And those that weren't sold in the 13 stores would then be returned or recycled and kind of blended in with the ordering for the very next year; is that right?

199 MR. RUBIN:

That's correct.

200 MR. COCHRAN:

And that lasted from 1982 to 1992?

201 MR. RUBIN:

That's correct.

202 MR. COCHRAN:

What was the wholesale for those particular items?

203 MR. RUBIN:

$20.50.

204 MR. COCHRAN:

$20.50? Did you ever indicate they were $18 to $19?

205 MR. RUBIN:

Excuse me?

206 MR. COCHRAN:

Did you ever indicate that they were 18 to $19 at some point in the past?

207 MR. RUBIN:

At the beginning of the cycle in `82, `83, they may have been as low as 16, 16.50. But the cost of this particular leather and especially the fluctuation of cashmere drove the price up on a consistent basis, especially toward the end of the `80's.

208 MR. COCHRAN:

So by the end of the `80's, your recollection was that they were wholesaling for like $20.50?

209 MR. RUBIN:

That's correct.

210 MR. COCHRAN:

And how much were they retailing for at that point?

211 MR. RUBIN:

55.

212 MR. COCHRAN:

Per pair?

213 MR. RUBIN:

Yes.

214 MR. COCHRAN:

And the figure that you gave Mr. Darden of something like $20 per pair for men's gloves, these gloves were much higher than that, right?

215 MR. RUBIN:

Yes.

216 MR. COCHRAN:

Almost three times as much; is that right?

217 MR. RUBIN:

Almost.

218 MR. COCHRAN:

With regard to the gloves that you were shown and that you saw, we all saw during the break, there is no style number on those gloves that's visible; is that correct?

219 MR. RUBIN:

Not on the outside.

220 MR. COCHRAN:

And if you looked at the label, you couldn't see a 70263, could you?

221 MR. RUBIN:

No. There's no identification on the labels.

222 MR. COCHRAN:

Okay. Is there--is there a number someplace else on the glove?

223 MR. RUBIN:

During the manufacturing cycle, there are three sets of numbers behind the lining on the back of the gloves during the actual manufacturing process. I don't know if those numbers still exist today in these gloves because of the age of the gloves. But originally, there were three sets of numbers inside, one being a size, two being a 3-digit number which indicated the individual who actually cut the gloves, and then another 2-digit number indicating the sequence in which they were made from the leather that was given to the cutter at a given point in time. But I don't know if those numbers exist in there right now.

224 MR. COCHRAN:

All right. You've never seen--you haven't seen those numbers with regards to the gloves before you, have you?

225 MR. RUBIN:

No.

226 MR. COCHRAN:

And at no place has there ever been a lot number or style number like 70263 therein; is that correct? That was not part of the procedure, was it?

227 MR. RUBIN:

No. It was not part of the procedure.

228 MR. COCHRAN:

All right. Now, as I understand it, there are Aris Isotoner gloves all over the United States; is that correct?

229 MR. RUBIN:

That's correct.

230 MR. COCHRAN:

And all over the world for that matter; isn't that correct?

231 MR. RUBIN:

That's correct.

232 MR. COCHRAN:

All right. Are the--Bloomingdales is a store exclusive to the United States or are there--

233 MR. RUBIN:

I believe their retail operations are. They may have some mail order internationally. I'm not a hundred percent sure.

234 MR. COCHRAN:

So back from the 10-year period, `82 to `92, would it have been possible through Bloomingdales mail order catalog to order these particular gloves during that time frame?

235 MR. RUBIN:

At some points in time, this particular product was in various Bloomingdales catalogs.

236 MR. COCHRAN:

So you could be in France and order those; is that correct?

237 MR. RUBIN:

If you were on the mailing list, it's a possibility.

238 MR. COCHRAN:

Now, do you have any kind of a breakdown of the difference in colors? Let's assume that in 1990, you ordered 10,000 pairs of these Aris light gloves. Do you know how many different colors did you have at that time?

239 MR. RUBIN:

At that time, I believe we had four colors; black, brown, gray and a medium brown.

240 MR. COCHRAN:

And do you know the breakdown of the 10,000, how that was--how they were ordered?

241 MR. RUBIN:

60 percent plus would be black, approximately 30 percent or 28 percent would be brown and then the other colors would really be just 10 percent or so.

242 MR. COCHRAN:

They would be much less; is that correct?

243 MR. RUBIN:

Yes.

244 MR. COCHRAN:

And would that remain fairly consistent over the 10-year period that you were involved with the company and at the time that these gloves were the same style?

245 MR. RUBIN:

No. Actually the mix of black to brown gravitated dramatically, more toward black as we went farther into the `80's.

246 MR. COCHRAN:

More toward black and away from brown?

247 MR. RUBIN:

Yes.

248 MR. COCHRAN:

Earlier had been brown more than black?

249 MR. RUBIN:

No. It was never more, but at one time, it was 50/50.

250 MR. COCHRAN:

All right. And that was based upon the sales trends; is that correct?

251 MR. RUBIN:

Consumer demand.

252 MR. COCHRAN:

Yeah. Sales trends, the way people purchased them; is that right?

253 MR. RUBIN:

Yes.

254 MR. COCHRAN:

Now, with regard to the gloves that you were shown by Mr. Darden a short time ago, in looking at those gloves, they appear similar to you; do they not?

255 MR. RUBIN:

Yes, they do.

256 MR. COCHRAN:

But you can't say they're the exact same gloves that were sold at the same time, can you?

257 MR. RUBIN:

When I was looking at--when we looked at the gloves earlier--was the grain of the leather, the way these gloves were manufactured, just looking at them in this condition, they appear to be a pair that was cut out of approximately half of a skin, and that's what I was looking at. They appear to be a pair.

258 MR. COCHRAN:

All right. But in looking at them, you can't tell us for sure they're from the same particular lot, can you? You can't say they're the same, can you?

259 MR. RUBIN:

It's difficult.

260 MR. COCHRAN:

All right. There's no individual characteristics that would allow you to make that particular, even though you can say they look similar; is that right?

261 MR. RUBIN:

They do look similar. That's all I can say.

KEY QUOTE
262 MR. COCHRAN:

All right. I appreciate that. And to you, they appear in your color scheme--or what color is that glove? And do you have the left glove or the right glove?

263 MR. RUBIN:

This is the right.

264 MR. COCHRAN:

The right glove? What color is that right glove?

265 MR. RUBIN:

This is brown.

266 MR. COCHRAN:

All right. And there's no way to look at that particular glove before you now and you can't tell us I presume whether that particular glove was purchased in 1982, `83, `84 all the way up to `92, can you?

267 MR. RUBIN:

I cannot determine the exact date of purchase.

KEY QUOTE
268 MR. COCHRAN:

All right. So in other words, what you can tell us is that that particular glove you believe is the style that was exclusive to Bloomingdales was or could have been purchased at any time between the time frame 1982 to 1992 when they changed the stitching, right?

269 MR. RUBIN:

Correct.

270 MR. COCHRAN:

Is that a fair statement?

271 MR. RUBIN:

Yes, it is.

272 MR. COCHRAN:

May I have just a second, your Honor?

273 THE COURT:

Certainly.

274 (Brief pause.)
275 MR. COCHRAN:

And starting in 1982, were these gloves made starting then in the Aris Philippines factory?

276 MR. RUBIN:

Yes, they were.

277 MR. COCHRAN:

And would it be correct then, assuming that for the 10-year period we've been talking about, from `82 to about `92, that all of the gloves, whatever numbers, from 1200 pairs to 10,000 pairs, would have all been made in the factory in the Philippines?

278 MR. RUBIN:

I would only commit up until 1990 for myself.

279 MR. COCHRAN:

Because you left?

280 MR. RUBIN:

Yes.

281 MR. COCHRAN:

But no reason to believe they went to some other factory after you left, is there?

282 MR. RUBIN:

I'm not aware of any other factory that could make this product. But I wasn't there, so I can only commit up to 1990.

283 MR. COCHRAN:

All right. But you can commit from `82 until 1990, the time you left, that all those gloves were made at the Aris Philippine factory; is that correct?

284 MR. RUBIN:

That's correct.

285 MR. COCHRAN:

And the other styles that they made, there were other styles made for other parts of the world as I understand it; is that correct?

286 MR. RUBIN:

That's correct.

287 MR. COCHRAN:

Did you ever talk to a customer by the name of Hering , H-E-R-I-N-G? Did you ever talk to him personally?

288 MR. RUBIN:

Not personally.

289 MR. COCHRAN:

Is that the customer whose style number is 70268?

290 MR. RUBIN:

That's what documentation that I've seen indicates.

291 MR. COCHRAN:

And that's the customer whose buyer you spoke with; is that correct?

292 MR. RUBIN:

It was really the sales agent in England that--the style was developed for a sales agent, and then the sales agent I believe showed it to the customer and eventually ended up getting an order for that particular style number.

293 MR. COCHRAN:

And the customer's name was Hering ?

294 MR. RUBIN:

Yes.

295 MR. COCHRAN:

Thank you.

296 MR. COCHRAN:

I have nothing further at this time.

297 THE COURT:

Mr. Darden.

Temperature

procedural

Key Quotes (4)

Richard Rubin
They do look similar. That's all I can say.
Limits the prosecution's glove identification — the defense's own expert can only say the crime scene gloves 'look similar,' not that they are definitively the same style or provenance.
Richard Rubin
I cannot determine the exact date of purchase.
Cochran's central goal: the gloves could have been bought by anyone at any point over a decade, severing the link to the Bloomingdales receipt.
Johnnie Cochran
That particular glove you believe is the style that was exclusive to Bloomingdales was or could have been purchased at any time between the time frame 1982 to 1992 when they changed the stitching, right?
Summary of the defense's entire line of questioning — establishing the gloves are not uniquely traceable to OJ Simpson's purchase.
Richard Rubin
This particular glove was a popular style within Bloomingdales only as an exclusive style. But in the scheme of things, it was very small.
Rubin resists Cochran's attempt to characterize the gloves as widely distributed, but concedes they were popular within Bloomingdales — a nuance Cochran works around.

Evidence (2)

Informal
The Bloomingdales sales receipt from December 18, 1990 bearing style number 70268
discussed — Cochran confirms Rubin reviewed it and found no style number 70263
Informal
The physical gloves (right glove, brown) shown to Rubin during the break by Darden
discussed — Rubin says they 'look similar' to Aris light style but cannot confirm they are a matched pair or determine purchase date

Notable Exchanges (3)

Johnnie CochranRichard Rubin
Cochran establishes that roughly 10,000 pairs of the Aris light gloves were available per year across 13 Bloomingdale stores from 1982–1992, making any individual pair difficult to trace.
strategic
Lance A. ItoJohnnie CochranRichard Rubin
Judge Ito interrupted to remind both witness and counsel not to talk over each other for the court reporter's benefit.
procedural
Johnnie CochranRichard Rubin
Cochran gets Rubin to confirm there is no visible style number on the gloves, no lot number, and no way to externally verify which production run they came from.
revealing

Light Moments (1)

Lance A. Ito
After interrupting to remind counsel and witness not to speak over each other, Judge Ito deadpanned: 'We've got all afternoon.'

Credibility Attacks (2)

⚔ Richard Rubin
scope limitation / concession extraction
Cochran repeatedly pinned Rubin to the limits of his personal knowledge (only through 1990 when he left), the inability to date the gloves, and the inability to confirm the two gloves were a matched pair — converting prosecution testimony into defense ammunition.
⚔ Richard Rubin
prior inconsistent statement
Cochran asked whether Rubin had previously estimated the Bloomingdale order at 6,000 pairs or 18–19 dollars wholesale; Rubin denied or revised upward, slightly undermining the consistency of his prior statements.

Witness Demeanor

(Brief pause.) — noted mid-cross when Cochran asked for a moment to confer

Objections

1 objections (0 sustained, 1 overruled)
Proceeding 6390 • 297 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 JUN 15, 1995 📄 Cross-examination of Richard R
JUN 15, 1995 KRT DvH TD