Redirect examination of Richard Rubin (part 1)

📄 Redirect examination of Richard Rubin (part 1) — Thursday, June 15, 1995

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C:\DEPT103\CRIMINAL\1995\JUN\15\REDIRECT-EXAMINATION-OF-RICHAR.DOC

TRIAL

▲ Day 96 of 167

◀ Cross-examination of Richard Rubin Sidebar: exemplar gloves ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 55

Darden conducts a brief redirect of glove expert Richard Rubin, focusing on the scarcity of brown extra-large Aris Isotoner leather light gloves sold through Bloomingdales. Rubin confirms that only 200-240 pairs of that exact size and color were sold in 1990, and that brown extra-larges became increasingly rare in earlier years. The examination ends abruptly when Darden receives a new exhibit and requests a sidebar.

# 1 MR. DARDEN:

Just a little bit, your Honor.

REDIRECT EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

So the documentation you've seen, sir, indicates that 70268 was never sold in the United States?

# 3 MR. RUBIN:

That's correct.

# 4 MR. DARDEN:

Mr. Cochran asked you some questions about the percentage of gloves sold that would be black in color and those that would be brown in color as well as other colors. But in 1990, assuming you had 10,000 pairs of these gloves, what percentage of those gloves would be brown?

# 5 MR. RUBIN:

30 percent.

# 6 MR. DARDEN:

And what percentage of the--of that 30 percent would be size extra large?

# 7 MR. RUBIN:

Eight percent. No. I'm sorry. Eight percent of the total, not eight percent of the 30.

# 8 MR. DARDEN:

Eight percent of the total number of gloves would be extra large?

# 9 MR. RUBIN:

Right.

# 10 MR. DARDEN:

Okay. Well, what percentage of the total would be extra large in size and brown in color?

# 11 MR. RUBIN:

I'm not sure if I understand the question.

# 12 MR. DARDEN:

Okay. Well, if you had 10,000 pairs of Aris Isotoner leather light gloves.

# 13 MR. RUBIN:

On a 10,000-unit basis, there would be approximately 300 units in extra large, brown totally available.

KEY QUOTE

# 14 MR. DARDEN:

And of those 300 units, you would expect to receive back into your factory approximately 100 pair?

# 15 MR. RUBIN:

It could be that high.

# 16 (Discussion held off the record between the Deputy District Attorneys.)

# 17 MR. DARDEN:

And so in your view then, Mr. Rubin, approximately 200 pairs of brown extra large Aris Isotoner leather lights would have been sold during 1990?

# 18 MR. COCHRAN:

Assumes a fact not in evidence, "Could be."

# 19 THE COURT:

Rephrase the question.

# 20 MR. DARDEN:

In your opinion, how many size extra large, brown in color, Aris Isotoner leather light gloves would have been sold by Bloomingdales during 1990?

# 21 MR. RUBIN:

Between 200 and 240 pair.

KEY QUOTE

# 22 MR. DARDEN:

And did I hear you correctly? Did you testify that the lot sold to Bloomingdales during 1990 was the largest lot?

# 23 MR. RUBIN:

Largest lot of this particular style?

# 24 MR. DARDEN:

Yes. Yes.

# 25 MR. RUBIN:

Within the mix of what Bloomingdales purchased, this was the largest lot.

# 26 MR. DARDEN:

Okay. Well, how many did you sell to Bloomingdales during 1990?

# 27 MR. RUBIN:

Of this particular style?

# 28 MR. DARDEN:

Yes.

# 29 MR. RUBIN:

When I left, what was on order to be shipped was approximately 12,000 pair. However, these orders were set up to be delivered on an ongoing basis starting at the end of July going through the middle of November. Based upon the actual performance of business during the October, November time frame, I am not a hundred percent sure that they took in all of the pairs that they committed to.

# 30 MR. DARDEN:

Okay. At any event, the maximum number of brown extra larges that would have been sold during 1990 is 200 to 240, correct?

# 31 MR. RUBIN:

That's correct.

# 32 MR. DARDEN:

And in 1982, the first year that these gloves were manufactured apparently and sold to Bloomingdales, correct?

# 33 MR. RUBIN:

That's correct.

# 34 MR. DARDEN:

What was the maximum number of brown, extra large--well, strike that. How many pairs of brown extra large Aris leather lights would have been sold in 1992?

# 35 MR. RUBIN:

There may have been 50 pair in brown, extra large.

# 36 MR. DARDEN:

How about `93?

# 37 MR. RUBIN:

Twice as much.

# 38 MR. DARDEN:

I'm sorry. 83. Twice as much?

# 39 MR. RUBIN:

Yes.

# 40 MR. DARDEN:

About a hundred?

# 41 MR. RUBIN:

Yeah.

# 42 MR. DARDEN:

Okay. How many size extra large, brown in color, Aris leather light gloves would you say were sold through Bloomingdales in 1982?

# 43 MR. RUBIN:

In 1982?

# 44 MR. DARDEN:

From 1982 through 1990.

# 45 MR. RUBIN:

I really would be speculating at this point. I'd have to actually start to calculate what the progression was and then factor in the consumer demand shifting from 50 percent black and brown and then shifting more toward black. If I had to guess in total--

# 46 MR. COCHRAN:

I think he's answered the question.

# 47 THE COURT:

Ask another question.

# 48 MR. DARDEN:

Okay. But as the years went on, the color brown in size extra large became more rare; is that correct?

KEY QUOTE

# 49 MR. RUBIN:

Yes.

# 50 MR. DARDEN:

Have you seen the sales receipt from Bloomingdales for a pair of Aris gloves?

# 51 MR. RUBIN:

Yes.

# 52 MR. DARDEN:

Your Honor, I've just been handed another exhibit. Can I confer with Mr. Cochran for a moment?

# 53 (Discussion held off the record between the Deputy District Attorney and Defense counsel.)

# 54 MR. COCHRAN:

May we approach, your Honor?

# 55 THE COURT:

With the court reporter, please.

Temperature

procedural

Key Quotes (3)

Richard Rubin

On a 10,000-unit basis, there would be approximately 300 units in extra large, brown totally available.

Establishes the baseline scarcity of the specific glove configuration matching the crime scene evidence.

Richard Rubin

Between 200 and 240 pair.

The key number Darden is after — only 200-240 brown XL Aris gloves were sold through Bloomingdales in 1990, making the match to Simpson's gloves highly probative.

Richard Rubin

As the years went on, the color brown in size extra large became more rare; is that correct? Yes.

Reinforces that by 1990, brown XL was the rarest configuration, strengthening the significance of any matching pair.

Evidence (2)

Informal

Documentation showing style 70268 was never sold in the United States

referenced to confirm prior testimony

Informal

Bloomingdales sales receipt for Aris gloves — handed to Darden mid-examination

introduced at end; sidebar called before it could be addressed

Notable Exchanges (2)

Christopher Darden•Richard Rubin

Darden systematically narrows Rubin's estimates to establish that only 200-240 brown XL Aris gloves were sold at Bloomingdales in 1990, building toward the rarity argument.

strategic

Johnnie Cochran•Lance A. Ito

Cochran objects that the question assumes a fact not in evidence; Ito tells Darden to rephrase rather than ruling outright.

procedural

Witness Demeanor

(Discussion held off the record between the Deputy District Attorneys.)

(Discussion held off the record between the Deputy District Attorney and Defense counsel.)

Objections

2 objections (2 sustained, 0 overruled)

Proceeding 6391 • 55 utterances • Prosecution witness

Criminal Trial

Department 103