Redirect examination of Richard Rubin (part 2)

📄 Redirect examination of Richard Rubin (part 2) — Thursday, June 15, 1995

Address:

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

TRIAL

▲ Day 96 of 167

◀ Sidebar: exemplar gloves Sidebar: glove fit ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 47

With jurors absent, Darden introduces a new pair of Aris Isotoner extra-large cashmere-lined gloves (People's 372-C) as exemplars and questions Rubin about how they compare to the trial evidence gloves. Rubin distinguishes them from the original 'Aris lights' construction (pre-1990), noting the newer gloves would fit tighter due to a post-1992 change in sewing configuration. The session ends with Darden requesting Simpson try on the original evidence gloves before the jury returns, and Cochran raising concerns about the latex gloves.

# 1 THE COURT:

All right. Let the record reflect that all the jurors have withdrawn from the courtroom. Mr. Rubin is still on the witness stand. Mr. Darden, proceed.

# 2 MR. DARDEN:

Your Honor, I have here in my hand what appears to be a pair of leather gloves. There is a tag attached. The tag reads, "Aris leathers by Isotoner, extra large, cashmere lined," selling price of $55 by Bloomingdales. May they be marked 372-C?

# 3 THE COURT:

372-C.

# 4 (Peo's 372-C for id = leather gloves)

# 5 MR. DARDEN:

Before I hand these gloves to the witness--showing you the gloves that have been marked 372-C, are those Aris Isotoner gloves?

# 6 MR. RUBIN:

They're Aris gloves, but these are not Aris lights gloves that were like the ones we're talking about from 1982 until 1990.

# 7 MR. DARDEN:

When were those gloves manufactured, if you know?

# 8 MR. RUBIN:

These gloves?

# 9 MR. DARDEN:

Yeah.

# 10 MR. RUBIN:

Only because of what I've learned recently, I was given the impression that starting in 1992, they changed the actual sewing configuration to a different type of construction, but still use the same connotation that was in Aris lights glove.

# 11 MR. DARDEN:

Are those gloves cashmere lined?

# 12 MR. RUBIN:

Yes, they are.

# 13 MR. DARDEN:

Looking at those gloves and the two gloves that you've seen here in court today, can you tell us whether or not they're the same size?

# 14 MR. RUBIN:

Same size?

# 15 MR. DARDEN:

Yes.

# 16 MR. RUBIN:

They're tagged the same size.

# 17 MR. DARDEN:

Okay. They appear to be the same size?

# 18 MR. RUBIN:

They appear to be the same size. They were supposed to be the same size.

# 19 MR. DARDEN:

Okay.

# 20 MR. RUBIN:

If I had to speculate though--actually I wouldn't speculate. I could tell you that this particular pair would actually fit tighter than this pair (indicating).

# 21 MR. DARDEN:

Okay.

# 22 MR. RUBIN:

Because of the sewing construction.

# 23 MR. DARDEN:

Are they both made of leather, that is the pair in your hand as well as the glove on the bench there?

# 24 MR. RUBIN:

They're made from leather, but they're not the same leather by any means.

KEY QUOTE

# 25 MR. DARDEN:

Okay.

# 26 MR. DARDEN:

One moment, your Honor.

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

# 28 MR. DARDEN:

You couldn't tell us whether or not those new gloves--well, strike that. Have you noticed Mr. Simpson's hands at all?

# 29 MR. RUBIN:

I actually haven't.

# 30 MR. DARDEN:

You can't tell us whether or not either of these three gloves will fit his hands?

# 31 MR. RUBIN:

I would venture to say that almost every glove that was manufactured by Aris Philippines from size medium to extra large would get on his hand. Some might be tight, some might be loose, but they would get on his hand.

KEY QUOTE

# 32 MR. DARDEN:

Thank you.

# 33 MR. DARDEN:

That's all.

# 34 MR. COCHRAN:

I don't think I have to ask any questions at this hearing. Thank you for the hearing.

# 35 THE COURT:

You're welcome.

# 36 MR. COCHRAN:

I object.

# 37 THE COURT:

Mr. Darden.

# 38 MR. DARDEN:

Nothing further.

# 39 THE COURT:

All right. Why don't you collect the new exemplars from Mr. Rubin, please. Mr. Darden, you want to collect the exemplar from 374-C--372 C. I take it you're not going to use that in front of the jury?

# 40 MR. DARDEN:

Well, your Honor--

# 41 THE COURT:

Probably not.

# 42 MR. DARDEN:

Probably not.

# 43 THE COURT:

All right. Let's have the jurors, please.

# 44 MR. DARDEN:

Before the jury returns, however, we would like to have Mr. Simpson try on the original evidence items.

# 45 THE COURT:

Mr. Cochran, any comment?

# 46 MR. COCHRAN:

Well, the only problem is that I wouldn't want--he would have to have gloves on underneath--I mean try the gloves on without the rubber gloves, that he use the latex gloves we used. And I'd like to approach--we'd like to approach. We have one other item I would like to put on the record.

# 47 THE COURT:

Sure. Don't go away, Mr. Rubin.

Temperature

procedural

Key Quotes (3)

Richard Rubin

I would venture to say that almost every glove that was manufactured by Aris Philippines from size medium to extra large would get on his hand. Some might be tight, some might be loose, but they would get on his hand.

Rubin concedes the gloves would physically fit Simpson regardless of the sizing question — undermining the defense's central claim that the gloves were too small.

Richard Rubin

This particular pair would actually fit tighter than this pair.

Rubin distinguishes the new exemplar from the evidence gloves, noting the newer construction runs smaller — relevant to why Darden ultimately decides not to use 372-C in front of the jury.

Richard Rubin

They're made from leather, but they're not the same leather by any means.

Further differentiates the exemplar from the evidence gloves, limiting the usefulness of the new exhibit.

Evidence (1)

People's 372-C

New pair of Aris Isotoner extra-large cashmere-lined leather gloves, tagged $55 from Bloomingdales, post-1992 construction

Introduced for identification, shown to Rubin, ultimately set aside — Darden indicates he will probably not use them before the jury

Notable Exchanges (2)

Christopher Darden•Richard Rubin

Darden presses Rubin to compare the new exemplar gloves to the evidence gloves; Rubin methodically distances them — different leather, different sewing construction, would fit tighter — effectively making the exemplar less useful to the prosecution.

strategic

Christopher Darden•Johnnie Cochran•Lance A. Ito

After Darden announces he probably won't use 372-C before the jury, he pivots and requests Simpson try on the original evidence gloves before the jury returns. Cochran objects to the use of latex gloves underneath and asks to approach.

strategic

Objections

1 objections (0 sustained, 0 overruled)

Proceeding 6393 • 47 utterances • Prosecution witness

Criminal Trial

Department 103