Direct examination of Richard Rubin

📄 Direct examination of Richard Rubin — Thursday, June 15, 1995

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C:\DEPT103\CRIMINAL\1995\JUN\15\DIRECT-EXAMINATION-OF-RICHARD-.DOC

TRIAL

▲ Day 96 of 167

◀ Witness introduced Cross-examination of Richard Rubin ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 86

Christopher Darden conducted a brief direct examination of Richard Rubin, former VP and general manager of Aris Isotoner, who identified both the Rockingham glove (164-A) and the Bundy glove (People's 77) as matching left and right hands of style 70263 — a model manufactured exclusively for Bloomingdale's. Rubin explained the distinctive features that made the identification certain: unique stitching, lighter-than-standard leather weight, and a 100% cashmere knit lining, with a retail price of $55 at a time when the national average for men's leather gloves was just over $20.

# 1 MR. DARDEN:

Thank you, your Honor.

DIRECT EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

Mr. Rubin, who was your employer during 1990?

# 3 MR. RUBIN:

Aris Isotoner.

# 4 MR. DARDEN:

And what was your position at that time?

# 5 MR. RUBIN:

I was vice president and general manager.

# 6 MR. DARDEN:

When did you first begin with the company?

# 7 MR. RUBIN:

I started with them in 1976.

# 8 MR. DARDEN:

Okay. And what were your duties in your capacity as vice president and general manager?

# 9 MR. RUBIN:

I was responsible for the design, manufacturing, production, raw material, sales and marketing of all men's gloves.

# 10 MR. DARDEN:

During 1990, did iris--Aris Isotoner rather have a model 90268? I'm sorry. 70268?

# 11 MR. RUBIN:

Not in the United States.

# 12 MR. DARDEN:

But you did have such a model?

# 13 MR. RUBIN:

Yes, we did.

# 14 MR. DARDEN:

Did you sell that model of glove here in the United States?

# 15 MR. RUBIN:

No, we did not.

# 16 MR. DARDEN:

Had you ever sold that model outside the United States?

# 17 MR. RUBIN:

That model was developed, designed and distributed in Europe.

# 18 MR. DARDEN:

Were any of those gloves sold in Europe during 1989?

# 19 MR. RUBIN:

Not to my knowledge.

# 20 MR. DARDEN:

1990?

# 21 MR. RUBIN:

Not to my knowledge.

# 22 MR. DARDEN:

Were any of those gloves ever shipped to Bloomingdales?

# 23 MR. RUBIN:

No.

# 24 MR. DARDEN:

Now, you did have an exclusive contract with Bloomingdales; is that correct?

# 25 MR. RUBIN:

I'm sorry. I really don't understand the question regarding "Contract."

# 26 MR. DARDEN:

Well, was there a model or style of glove that you shipped to Bloomingdales exclusively?

# 27 MR. RUBIN:

Yes.

# 28 MR. DARDEN:

Okay. And was that model 70263?

# 29 MR. RUBIN:

Yes.

# 30 MR. DARDEN:

And we showed you some gloves here today; is that correct?

# 31 MR. RUBIN:

Yes, you did.

# 32 MR. DARDEN:

And you--strike that. I take it that you've seen just about every model Aris ever produced, that is up until 1990?

# 33 MR. RUBIN:

I've actually seen every model that Aris has produced. The company I believe is about 80 years old. I saw every model that was produced from the inception of the company up until 1990.

# 34 MR. DARDEN:

Okay. Let me show you the glove marked 164-A, the Rockingham glove. Is this the glove that we showed you during the afternoon break today?

# 35 MR. RUBIN:

Yes, it is.

# 36 MR. DARDEN:

Looking at that glove, can you tell us which style or model that glove is?

# 37 MR. RUBIN:

This is the right hand of a style 70263.

KEY QUOTE

# 38 MR. DARDEN:

And how can you tell that?

# 39 MR. RUBIN:

Well, first of all, the model was exclusive to Bloomingdales. It was only manufactured and distributed to them. No other retailer in the United States had this model. And because of this particular type of sewing, which was unique to this model as well as the weight of the cashmere lining, the weight of the leather utilized and the way the vent is put into the palm, this could really not be any other style except 70263.

# 40 MR. DARDEN:

And that is the glove exclusive to Bloomingdales; is that correct?

# 41 MR. RUBIN:

Yes, it is.

# 42 MR. DARDEN:

Did you ship that glove to any other department store during 1990?

# 43 MR. RUBIN:

No other store of any type.

KEY QUOTE

# 44 MR. DARDEN:

Have you ever seen that glove sold in any other store?

# 45 MR. RUBIN:

No, I have not.

# 46 MR. DARDEN:

Have you even seen it sold anywhere in the world other than in Bloomingdales?

# 47 MR. RUBIN:

No, I have not.

# 48 MR. DARDEN:

Let me show you what has been marked as People's 77, the Bundy glove. Is this the glove that I showed you earlier today?

# 49 MR. RUBIN:

Yes, it is.

# 50 MR. DARDEN:

And looking at this glove, can you tell us the style of this glove?

# 51 MR. RUBIN:

This is the left hand of a style 70263.

# 52 MR. DARDEN:

And is this an Aris Isotoner glove?

# 53 MR. RUBIN:

It's actually an Aris leather glove. It's not an Isotoner glove.

# 54 MR. DARDEN:

Does it have a tag in it that says "Aris"?

# 55 MR. RUBIN:

Yes, it does.

# 56 MR. DARDEN:

Is this also a leather light?

# 57 MR. RUBIN:

Yes.

# 58 MR. DARDEN:

Left-handed glove?

# 59 MR. RUBIN:

Yes.

# 60 MR. DARDEN:

The one in front of you is a right-handed glove?

# 61 MR. RUBIN:

Yes.

# 62 MR. DARDEN:

Do you recall the retail price of these gloves at Bloomingdales during 1990?

# 63 MR. RUBIN:

The initial retail was $55.

# 64 MR. DARDEN:

And do you know whether or not they were on sale during the Christmas season in 1990?

# 65 MR. RUBIN:

At various times during the fall season of every year, they have sale events that range at various discounts, and I'm sure on occasion this product was on sale.

# 66 MR. DARDEN:

Now, is this glove different from other Aris gloves in terms of the make, the make-up of it?

# 67 MR. RUBIN:

The sewing is exclusive to this particular style. There was another style that was produced with a different lining, a different vent. It made use of the same sewing, but it was minuscule in quantity. It was distributed outside of Bloomingdales.

# 68 MR. DARDEN:

Now, is there anything special about the weight of the leather of this glove?

# 69 MR. RUBIN:

Yes. This leather is approximately 30 percent lighter than conventional men's weight leather and approximately 10 percent heavier than conventional lady's weight leather, thus making it what was called an Aris lights glove. It was a very light supple type product that was very well received by Bloomingdales' customers.

KEY QUOTE

# 70 MR. DARDEN:

And the lining, what is the lining comprised of?

# 71 MR. RUBIN:

This lining is a--what is known as a 10-gauge knit lining. It's made with one strand of yarn, a cashmere yarn and it is a hundred percent cashmere.

# 72 MR. DARDEN:

Okay. Now, was that style or model discontinued at some point?

# 73 MR. RUBIN:

It is my understanding that as they approached 1992, since this was a model that was extremely difficult to manufacture in any type of quantity, that gradually they did phase out of this type of sewing.

# 74 MR. DARDEN:

Now, how common in the market is it, that is to sell men's leather gloves at $55?

# 75 MR. RUBIN:

Very rare.

# 76 MR. DARDEN:

Is there some average price for men's leather gloves?

# 77 MR. RUBIN:

The average price--in what year would we be talking about?

# 78 MR. DARDEN:

Christmas season, 1990.

# 79 MR. RUBIN:

In 1990, the average unit retail of a leather glove probably was slightly over $20 on a national average.

# 80 MR. DARDEN:

Now, you're no longer with Aris Isotoner?

# 81 MR. RUBIN:

I have not been there since the end of July 1990.

# 82 MR. DARDEN:

Okay. Are who are you with now?

# 83 MR. RUBIN:

I'm the president of Mundy West Corps Corporation, a manufacturer of men's and lady's leather accessories.

# 84 MR. DARDEN:

Thank you.

# 85 MR. DARDEN:

That's all I have.

# 86 THE COURT:

Mr. Cochran.

Temperature

procedural

Key Quotes (4)

Richard Rubin

No other store of any type.

Rubin's flat statement that style 70263 was shipped exclusively to Bloomingdale's — no other retailer anywhere — is central to the prosecution's argument linking OJ Simpson to the gloves.

Richard Rubin

This is the right hand of a style 70263.

Positive identification of the Rockingham glove as one of a pair of the Bloomingdale's-exclusive model.

Richard Rubin

This leather is approximately 30 percent lighter than conventional men's weight leather and approximately 10 percent heavier than conventional lady's weight leather, thus making it what was called an Aris lights glove.

Establishes the distinctive physical characteristics that allow definitive identification of the gloves as style 70263.

Richard Rubin

I saw every model that was produced from the inception of the company up until 1990.

Establishes Rubin's unparalleled expertise and authority to make the identification.

Evidence (2)

164-A

Rockingham glove — right hand of Aris Isotoner style 70263, exclusive to Bloomingdale's

identified by Rubin

People's 77

Bundy glove — left hand of Aris Isotoner style 70263, exclusive to Bloomingdale's

identified by Rubin

Notable Exchanges (1)

Christopher Darden•Richard Rubin

Rubin clarifies that the glove is an 'Aris leather glove' rather than an 'Isotoner glove' when Darden uses the full company name — a minor but precise distinction the expert volunteers.

precise

Objections

None recorded

Proceeding 6389 • 86 utterances • Prosecution witness

Criminal Trial

Department 103