Recross-examination of Richard Rubin

📄 Recross-examination of Richard Rubin — Thursday, June 15, 1995

Address:

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

TRIAL

▲ Day 96 of 167

◀ Redirect examination of Richard Rubin (part 4) Session closed ▶

Witness: Richard Rubin
Examiner: Johnnie Cochran
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 19

Cochran briefly recrosses glove expert Richard Rubin to establish two points favorable to the defense: that Aris manufactured a double XL size after 1990, and that natural variation in leather stretch means one extra large glove could be physically smaller than another extra large. The examination takes under two minutes and Darden declines redirect.

# 1 MR. COCHRAN:

A few questions, your Honor. I'm mindful of the hour. I think we can finish.

RECROSS-EXAMINATION BY MR. COCHRAN

# 2 MR. COCHRAN:

Mr. Rubin, does your company--did Aris glove lights make a size of glove called double XL?

# 3 MR. RUBIN:

Not prior to 1990.

# 4 MR. COCHRAN:

And since 1990, have they made a double XL?

# 5 MR. RUBIN:

I understand they have.

# 6 MR. COCHRAN:

And that's an extra, extra large; is that correct?

# 7 MR. RUBIN:

That's correct.

# 8 MR. COCHRAN:

Now, with regard to the sizes of gloves, these gloves that were made back between the period `82 to `92 that we talked about, were they made so that each extra large was the same size as the next extra large or is there some variation in sizes?

# 9 MR. RUBIN:

The intent was for them to be exactly the same. The patterns that were utilized were exactly the same size. But each few square feet of leather does have its own characteristics as far as stretch ability.

KEY QUOTE

# 10 MR. COCHRAN:

So that some--one extra large might actually be smaller than another extra large. Is that a fair statement?

# 11 MR. RUBIN:

That's correct.

# 12 MR. COCHRAN:

And there is that variability in the lots as they turned out; is that correct?

# 13 MR. RUBIN:

That is correct.

# 14 MR. COCHRAN:

And you would expect that an extra, extra large would be larger than an extra large; is that correct?

# 15 MR. RUBIN:

Yes.

# 16 MR. COCHRAN:

All right.

# 17 MR. COCHRAN:

Thank you very kindly, sir.

# 18 THE COURT:

Mr. Darden.

# 19 MR. DARDEN:

No, your Honor.

Temperature

procedural

Key Quotes (2)

Richard Rubin

The intent was for them to be exactly the same. The patterns that were utilized were exactly the same size. But each few square feet of leather does have its own characteristics as far as stretch ability.

Concedes inherent size variability in glove manufacturing, supporting the defense argument that the trial gloves may have run small.

Richard Rubin

That is correct.

Confirms Cochran's leading question that variability across lots is an acknowledged fact — gloves of the same labeled size are not uniform.

Evidence (1)

Informal

Aris Isotoner gloves manufactured between 1982 and 1992, referenced informally from prior testimony

discussed

Notable Exchanges (1)

Johnnie Cochran•Richard Rubin

Cochran methodically locks in the concession that leather variability means a labeled XL could physically run smaller than another XL — and that XXL would be larger than XL — setting up the argument that fit is not a reliable indicator of labeled size.

strategic

Objections

None recorded

Proceeding 6398 • 19 utterances • Prosecution witness

Criminal Trial

Department 103