Redirect examination of Richard Rubin (part 4)

📄 Redirect examination of Richard Rubin (part 4) — Thursday, June 15, 1995

Address:

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

TRIAL

▲ Day 96 of 167

◀ Sidebar: defendant's hands Recross-examination of Richard Rubin ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Thursday, June 15, 1995 • Utterances: 56

Darden had Rubin step down from the witness stand to physically examine OJ Simpson's hands, then questioned him about whether the gloves should fit. Rubin testified that Simpson's hands should fit the gloves and that the gloves would at one time have been 'large' on him. Darden's attempts to have Rubin comment on the manner in which Simpson tried on the gloves — and his final, explicit question about whether Simpson was intentionally holding his thumb to prevent fit — were repeatedly shut down by sustained objections.

# 1 THE COURT:

Mr. Darden, would you wrap it up?

# 2 MR. DARDEN:

Your Honor, if it pleases the Court, could we have Mr. Rubin step down from the witness stand, walk through the well and have a look at Mr. Simpson's hands?

# 3 THE COURT:

And this is for the purposes of the size, glove size?

# 4 MR. DARDEN:

Yes.

# 5 THE COURT:

Yes. Mr. Rubin, would you please do that.

# 6 MR. DARDEN:

Will the Court ask Mr. Simpson to extend his hands?

# 7 THE COURT:

Yes.

# 8 (The witness and Defendant comply.)

# 9 THE COURT:

All right. The record should reflect that Mr. Rubin has examined both Mr. Simpson's left and right hands. Mr. Darden.

# 10 MR. DARDEN:

Mr. Rubin, you sold thousands and thousands of leather gloves throughout the world, correct?

# 11 MR. RUBIN:

That's correct.

# 12 MR. DARDEN:

What size glove would you say would fit Mr. Simpson's hand?

# 13 MR. COCHRAN:

I object to that.

# 14 THE COURT:

Overruled.

# 15 MR. COCHRAN:

I object to the form of the question.

# 16 THE COURT:

Overruled. You can answer the question.

# 17 MR. RUBIN:

In some styles, size large, in most styles, extra large.

KEY QUOTE

# 18 MR. DARDEN:

Should the gloves shown to you here in court today have fit Mr. Simpson's hand in your opinion?

# 19 MR. COCHRAN:

Object to the form. Calls for speculation without further foundation.

# 20 THE COURT:

Overruled. You can answer the question.

# 21 MR. RUBIN:

At one point in time, those gloves would be actually I think large on Mr. Simpson's hand.

KEY QUOTE

# 22 MR. DARDEN:

So you would expect then that these gloves would have fit his hand today; is that correct?

# 23 MR. COCHRAN:

I object to the form of that question. Calls for speculation.

# 24 THE COURT:

Sustained.

# 25 MR. DARDEN:

Well, the question is this. Would Mr. Simpson's hands fit into these gloves as they are today in your opinion?

# 26 MR. COCHRAN:

I object to the form of that question. That calls for speculation. He saw the exhibit.

# 27 THE COURT:

Sustained. Sustained.

# 28 MR. DARDEN:

Should they be able to fit into these gloves?

# 29 MR. COCHRAN:

I object to the form, should they. Object to that.

# 30 THE COURT:

Overruled.

# 31 MR. RUBIN:

His hands should be able to fit into that pair of gloves.

KEY QUOTE

# 32 MR. DARDEN:

Now, would you expect that the fact that he's wearing latex gloves here today inhibit--would that inhibit his ability to extend his hand through the glove?

# 33 MR. RUBIN:

I personally have never put on latex gloves and tried on gloves. So I really couldn't say. But I would say that appears to be a factor because--

# 34 MR. COCHRAN:

He's answered the question, your Honor.

# 35 MR. RUBIN:

When he showed--

# 36 THE COURT:

All right. That's fine.

# 37 MR. DARDEN:

Can you give us--can you give the jury any explanation as to why Mr. Simpson couldn't fit his hand into the glove here today?

# 38 MR. COCHRAN:

Your Honor, I object. Calls for speculation. Counsel--

# 39 THE COURT:

Sustained.

# 40 MR. DARDEN:

Did you observe the manner in which Mr. Simpson put the gloves on today?

# 41 MR. RUBIN:

Yes, I did.

# 42 MR. DARDEN:

And you've seen people put gloves on in the past?

# 43 MR. RUBIN:

Yes, I have.

# 44 MR. DARDEN:

Did he put the gloves on in a manner consistent with what you've seen other people--

# 45 MR. COCHRAN:

I object to that. It's irrelevant and immaterial, your Honor. There's no foundation.

# 46 THE COURT:

Sustained. The jury observed what happened.

# 47 MR. DARDEN:

Anything unusual about the way Mr. Simpson put the gloves on based on your experience?

# 48 MR. COCHRAN:

I object, your Honor.

# 49 THE COURT:

Sustained.

# 50 MR. DARDEN:

Could you tell whether or not he was intentionally holding his thumb in a certain position so that he couldn't put the gloves on?

KEY QUOTE

# 51 MR. COCHRAN:

Your Honor, objection. Object to that. It's argumentative.

# 52 THE COURT:

Sustained. Sustained. Counsel, the jury--

# 53 MR. DARDEN:

I have nothing further. I apologize.

# 54 THE COURT:

All right. Mr. Cochran, anything else?

# 55 MR. COCHRAN:

May I have just a second, your Honor?

# 56 THE COURT:

Certainly.

Temperature

tense

Key Quotes (4)

Richard Rubin

In some styles, size large, in most styles, extra large.

Expert assessment of Simpson's hand size, establishing the baseline for whether the gloves should fit.

Richard Rubin

At one point in time, those gloves would be actually I think large on Mr. Simpson's hand.

Rubin implies the gloves were actually bigger than Simpson's hands when new — directly countering the defense's 'if it doesn't fit' argument.

Richard Rubin

His hands should be able to fit into that pair of gloves.

The core prosecution rebuttal to the glove demonstration: the expert says they should fit.

Christopher Darden

Could you tell whether or not he was intentionally holding his thumb in a certain position so that he couldn't put the gloves on?

Darden's most aggressive — and overreaching — question, immediately sustained as argumentative. Reveals the prosecution's theory about the try-on but damages credibility by asking it so bluntly.

Evidence (1)

Informal

The Aris leather gloves (Bundy/Rockingham gloves) shown in court — the same gloves Simpson tried on

discussed in context of whether they should fit Simpson's hands

Notable Exchanges (3)

Christopher Darden•Richard Rubin•OJ Simpson

Rubin physically steps down from the witness stand, walks through the well, and examines both of Simpson's hands directly while Simpson extends them at the court's direction.

dramatic

Christopher Darden•Johnnie Cochran•Lance A. Ito

Darden attempts multiple reformulations of the same question — whether the gloves should fit — as Cochran objects repeatedly on form and speculation grounds. Ito sustains several after initially overruling similar objections.

strategic

Christopher Darden•Lance A. Ito

After Darden's final 'intentionally holding his thumb' question is sustained, Ito pointedly notes 'the jury observed what happened' — effectively telling Darden the jury doesn't need his witness to narrate it. Darden apologizes and rests.

deflating

Witness Demeanor

(The witness and Defendant comply.) — Rubin steps down and examines Simpson's hands as directed

Objections

10 objections (6 sustained, 4 overruled)

Proceeding 6397 • 56 utterances • Prosecution witness

Criminal Trial

Department 103