Direct examination of Richard Rubin (part 2)

📄 Direct examination of Richard Rubin (part 2) — Friday, June 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\16\DIRECT-EXAMINATION-OF-RICHARD-.DOC

TRIAL

▲ Day 97 of 167

◀ Sidebar: glove demonstration and sizing Glove evidence examination out of jury presence ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, June 16, 1995 • Utterances: 41

Darden attempts to have glove expert Richard Rubin demonstrate the proper way to put on the Rockingham and Bundy gloves and assess their current size, but is repeatedly sustained on questions about glove-donning technique. Rubin ultimately testifies that the Rockingham glove is now slightly above a large but well below extra-large, and that the Bundy glove's lining is so dislodged he cannot get his hand into it at all. He concludes that the golf gloves examined that morning should fit Simpson.

# 1 (The following proceedings were held in open court:)

# 2 THE COURT:

Ladies and gentlemen, we are going to take a break at 10:30. I need to change the reporters. You realize we have been here on the record since nine o'clock.

# 3 THE COURT:

Mr. Darden.

# 4 MR. DARDEN:

Thank you, your Honor.

# 5 MR. DARDEN:

Mr. Rubin, because the gloves we have here in court today, and that is the Rockingham and Bundy glove, because those gloves are designed to fit snugly, is there a particular way that they ought to be put on?

# 6 MR. COCHRAN:

Object to that, your Honor.

# 7 THE COURT:

Sustained.

# 8 MR. DARDEN:

Is there an appropriate way that they should be put on?

# 9 MR. COCHRAN:

I object to that, your Honor.

# 10 THE COURT:

Sustained.

# 11 MR. DARDEN:

You have seen people place gloves on their hands many times; is that right?

# 12 MR. RUBIN:

Yes, I have.

# 13 MR. DARDEN:

Have you noticed that there is a common manner which gloves are placed on the hand?

# 14 MR. COCHRAN:

I object to that, your Honor.

# 15 THE COURT:

Sustained. I think it is a matter of common sense. Let's not waste the jury's time with this.

KEY QUOTE

# 16 MR. DARDEN:

In any event, Mr. Rubin, I ask that you take a look at the gloves recovered at Bundy and Rockingham and place them on your hand and give us an indication as to what size you believe the gloves now are?

# 17 MR. COCHRAN:

Object to the form of that question, your Honor.

# 18 THE COURT:

Overruled.

# 19 MR. DARDEN:

Let me hand you item 9, the Rockingham glove. And this is People's 164-A, your Honor.

# 20 THE COURT:

All right. That is the right hand glove. Mr. Darden.

# 21 MR. DARDEN:

What size would you say that glove is now?

# 22 MR. COCHRAN:

I object to the question as to what size it is.

# 23 THE COURT:

Overruled.

# 24 MR. RUBIN:

As is, in this condition right now, this is a little bit above a large, but well below an extra large at this point in time.

KEY QUOTE

# 25 THE COURT:

Miss Clark, do you want to assist Mr. Darden?

# 26 MR. DARDEN:

Let me show you People's 77, LAPD item 37, the Bundy glove. Is there any point to having Mr. Rubin change latex gloves at this point?

# 27 THE COURT:

I think at this point, no.

# 28 MR. RUBIN:

Okay. For starters, the lining in this particular glove has been dislodged. I can't get my hand in it at all.

KEY QUOTE

# 29 MR. DARDEN:

Okay.

# 30 MR. RUBIN:

I would have to get a pen or something. One of the fingers, where the lining is actually tacked to the end of the finger, is broken away.

# 31 MR. COCHRAN:

Your Honor, is there a question?

# 32 THE COURT:

No.

# 33 MR. DARDEN:

Last question, your Honor.

# 34 MR. DARDEN:

That is, Mr. Rubin with regard to the golfing gloves that you looked at here this morning, are the size of those gloves consistent with the size of the Defendant's hand, in your opinion?

# 35 MR. RUBIN:

These particular gloves?

# 36 MR. DARDEN:

Yes.

# 37 MR. RUBIN:

Yes, they should fit him.

KEY QUOTE

# 38 MR. DARDEN:

Thank you. Thank you.

# 39 THE COURT:

All right. We are going to take--you are still subject to cross-examination. So we are going to take a recess at this time, ladies and gentlemen, for fifteen minutes. Please remember all my admonitions. Mr. Rubin, you can step down. Return in fifteen minutes.

# 40 MR. RUBIN:

May I take these off?

# 41 THE COURT:

Yes, you can take those off.

Temperature

tense

Key Quotes (4)

Richard Rubin

As is, in this condition right now, this is a little bit above a large, but well below an extra large at this point in time.

Expert testimony quantifying how much the Rockingham glove has shrunk from its original extra-large size, supporting the prosecution's shrinkage-from-blood-and-water theory.

Richard Rubin

For starters, the lining in this particular glove has been dislodged. I can't get my hand in it at all.

Rubin cannot even insert his hand into the Bundy glove due to damage, complicating any size assessment and highlighting the degraded state of the evidence.

Lance A. Ito

I think it is a matter of common sense. Let's not waste the jury's time with this.

Ito cuts off Darden's attempt to lay foundation for how gloves should be put on, signaling impatience with prosecutorial over-lawyering on the glove issue.

Richard Rubin

Yes, they should fit him.

Rubin's conclusion that the golf gloves are consistent with Simpson's hand size — the final substantive point of direct examination.

Evidence (3)

People's 164-A (LAPD item 9)

Rockingham glove — right hand glove

Handed to Rubin; assessed for current size

People's 77 (LAPD item 37)

Bundy glove — left hand glove

Handed to Rubin; Rubin unable to insert hand due to dislodged lining

Informal

Golf gloves examined earlier that morning

Rubin opines they should fit Simpson's hand

Notable Exchanges (2)

Christopher Darden•Lance A. Ito•Johnnie Cochran

Darden makes three successive attempts to elicit testimony about the proper way to put on gloves; Cochran objects each time and Ito sustains all three, finally telling Darden it is 'a matter of common sense' and to stop wasting the jury's time.

frustrating for prosecution, strategically effective for defense

Richard Rubin•Johnnie Cochran•Lance A. Ito

While Rubin narrates his difficulty getting his hand into the Bundy glove, Cochran objects that there is no question pending. Ito agrees, halting the narrative.

procedural, slightly adversarial

Light Moments (1)

Richard Rubin

Rubin asks the judge permission to remove the gloves he had been wearing before stepping down for recess.

Objections

6 objections (4 sustained, 2 overruled)

Proceeding 6432 • 41 utterances • Prosecution witness

Criminal Trial

Department 103