Sidebar: exemplar gloves

📄 Sidebar: exemplar gloves — Thursday, June 15, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\15\SIDEBAR-EXEMPLAR-GLOVES.DOC

TRIAL

▲ Day 96 of 167

◀ Redirect examination of Richard Rubin (part 1) Redirect examination of Richard Rubin (part 2) ▶

Date: Thursday, June 15, 1995 • Utterances: 38

Darden seeks to introduce exemplar Aris Isotoner gloves (same make and size as the crime scene gloves) to lay foundation for having Simpson try them on. Cochran objects on grounds of no notice, no foundation, and improper redirect. Judge Ito examines the gloves, finds sufficient foundation, and overrules the objection — but the sidebar ends with Ito agreeing to excuse the jury before proceeding further, after Cochran raises questions about the gloves' year and whether Simpson should try the exemplars or the actual evidence gloves.

# 1 (The following proceedings were held at the bench:)

# 2 MR. COCHRAN:

Your Honor, I wasn't clear what counsel was trying to do.

# 3 THE COURT:

All right. Mr. Darden.

# 4 MR. DARDEN:

Your Honor, these are Aris Isotoner gloves, similar make, exact same size as the ones now in front of the witness.

# 5 THE COURT:

Yes.

# 6 MR. DARDEN:

I would like to lay the foundation to show they are the exact same size, similar make and model so that perhaps we can have Mr. Simpson try them on at some point to determine whether or not the gloves found at the scene and at his home will fit him.

KEY QUOTE

# 7 MR. COCHRAN:

We object to this, your Honor. First of all, we've had no time to deal with this. At some point, if Mr. Simpson testifies and we want to have him try the gloves on in evidence, that is one thing. There's no foundation with regard to this. So that's why I asked to approach the bench. I don't think it's appropriate at this time with this witness under these circumstances. This is redirect and it's improper.

# 8 THE COURT:

I did notice they were delivered to the courtroom during the course of the cross-examination. Are you asking to reopen with this?

# 9 MR. DARDEN:

Yes, your Honor.

# 10 THE COURT:

You understand there's no foundation for this yet.

# 11 MR. DARDEN:

I understand that completely.

# 12 THE COURT:

All right.

# 13 MR. COCHRAN:

Your Honor, we have not had an opportunity to deal with this. I haven't seen this before. This is the first time we've seen this. I would suggest this is not the appropriate witness for this.

# 14 THE COURT:

Why don't we quit moving the bag around here.

# 15 MR. DARDEN:

This is the only witness that can lay the foundation. Excuse me. I'm talking on the record. This is the only witness that can lay the foundation I believe in terms of size and--

# 16 THE COURT:

I understand.

# 17 MR. DARDEN:

And he is going back to New York tomorrow.

# 18 MR. COCHRAN:

Are these the same gloves? What's the offer of proof, your Honor?

# 19 THE COURT:

All right. The Court has examined these particular gloves. They have a label on them that purports to say, "Aris leather lights, cashmere lined" and has the size "Extra large." The Court has examined the right-hand glove. It has a similar label indicating, "Aris, 100% cashmere consider lined, size extra large, made in Philippines." I think there's a sufficient offer of proof that these appear to be similar gloves. I'll overrule the objection.

# 20 MR. COCHRAN:

The other question is, if he does that, is the Court going to allow them to have the Defendant try these gloves on?

# 21 THE COURT:

I'm sorry?

# 22 MR. COCHRAN:

Are you going to allow them to have the Defendant try these gloves on?

# 23 THE COURT:

I think it would be more appropriate for him to try the other gloves on.

KEY QUOTE

# 24 MR. COCHRAN:

That was exactly my point. So--

# 25 THE COURT:

I mean the real gloves that were found.

# 26 MS. CLARK:

The only problem is, he has to wear latex gloves underneath because they're a bile hazard and they're going to alter the fit.

KEY QUOTE

# 27 THE COURT:

We'll take that up when we get there.

# 28 MR. COCHRAN:

I object to them having him try these gloves on.

# 29 THE COURT:

Let's proceed.

# 30 MR. COCHRAN:

What's the year of these gloves?

# 31 THE COURT:

We don't know yet.

# 32 MR. COCHRAN:

Don't you want to know?

# 33 THE COURT:

We'll find out.

# 34 MR. COCHRAN:

In front of the jury. We can always do it outside.

# 35 THE COURT:

Do you want a hearing on it?

# 36 MR. COCHRAN:

I don't think they want to hear this. I think we should excuse the jurors for a minute to find that out.

# 37 THE COURT:

Okay.

# 38 THE COURT:

All right. Ladies and gentlemen, I need to conduct some questioning outside your presence. So I ask you to step back in the jury room. It'll probably only take about 10 minutes.

Temperature

tense

Key Quotes (4)

Christopher Darden

I would like to lay the foundation to show they are the exact same size, similar make and model so that perhaps we can have Mr. Simpson try them on at some point to determine whether or not the gloves found at the scene and at his home will fit him.

Darden explicitly telegraphs the prosecution's intent to stage the glove demonstration — the moment that would backfire catastrophically.

Marcia Clark

The only problem is, he has to wear latex gloves underneath because they're a bile hazard and they're going to alter the fit.

Clark identifies the exact problem that would doom the glove demonstration — the latex underlayer — but the court defers it rather than resolving it.

Johnnie Cochran

At some point, if Mr. Simpson testifies and we want to have him try the gloves on in evidence, that is one thing.

Cochran signals he's not opposed to the glove try-on in principle — only to the timing and procedural setup, showing the defense's strategic confidence.

Lance A. Ito

I think it would be more appropriate for him to try the other gloves on... I mean the real gloves that were found.

The judge redirects toward the actual evidence gloves, which is what ultimately happens — and what Cochran had been angling for all along.

Evidence (2)

Informal

Aris Isotoner exemplar gloves, 'Aris leather lights, cashmere lined,' size extra large, made in Philippines — brought to courtroom during cross-examination

Introduced for foundation purposes; Ito examines labels and overrules objection to their admission

Informal

Actual gloves found at crime scene and Simpson's home (Rockingham)

Discussed as the preferred items for Simpson to try on, per the judge

Notable Exchanges (3)

Johnnie Cochran•Lance A. Ito

Cochran asks whether the court will allow Simpson to try on the exemplar gloves if foundation is laid; Ito responds he'd prefer Simpson try the 'real gloves that were found,' which is exactly what Cochran had been arguing. Cochran's 'That was exactly my point' signals he maneuvered the judge into his preferred position.

strategic

Marcia Clark•Lance A. Ito

Clark raises the latex-glove-underlayer problem for the real evidence gloves (biohazard requirement altering fit); Ito dismisses it with 'We'll take that up when we get there,' deferring the issue.

revealing

Johnnie Cochran•Lance A. Ito

Cochran presses to find out the year of the exemplar gloves outside the jury's presence; Ito agrees and excuses the jury.

procedural

Light Moments (1)

Lance A. Ito

Ito tells counsel 'Why don't we quit moving the bag around here' — an exasperated aside as the glove bag is being handled at the bench.

Objections

3 objections (0 sustained, 1 overruled)

Proceeding 6392 • 38 utterances

Criminal Trial

Department 103