Direct examination of Richard Rubin (part 3)

📄 Direct examination of Richard Rubin (part 3) — Friday, June 16, 1995

Address:

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

TRIAL

▲ Day 97 of 167

◀ Glove evidence examination out of jury presence Cross-examination of Richard Rubin ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, June 16, 1995 • Utterances: 20

Darden concludes redirect examination of glove expert Richard Rubin following an overnight development: after Rubin had testified he could not fit his hand into exhibit 77 (the left glove), the court permitted the glove to be turned inside out and examined. With the lining replaced, Rubin can now fit his hand in — but notes the glove now fits closer to a large than the extra large it was when manufactured.

# 1 THE COURT:

Thank you, ladies and gentlemen. Please be seated. Let the record reflect we've been rejoined by all the members of our jury panel. Mr. Richard Rubin is again on the witness stand undergoing direct examination. Mr. Rubin, you are reminded, sir, you are still under oath. Mr. Darden, you may conclude your redirect examination.

# 2 MR. DARDEN:

Thank you, your Honor.

# 3 MR. DARDEN:

Mr. Rubin, just before the break, you testified that you could not extend your hand through the glove marked exhibit 77; is that correct?

# 4 MR. RUBIN:

That's correct.

# 5 THE COURT:

And, ladies and gentlemen, I should tell you, Mr. Rubin did testify that he could not get his hand into the left-hand glove. Over the evening hours out of your presence, the glove was examined by a number of people with the Court's permission, and the glove was turned inside out and was examined. So that explains how the lining is dislodged from the fingers. All right. Mr. Darden.

# 6 MR. DARDEN:

And have you attempted as best you could to replace the lining in its proper position?

# 7 MR. RUBIN:

Yes, I have.

# 8 MR. DARDEN:

And you can extend your hand into the glove now?

# 9 MR. RUBIN:

Yes, I can.

# 10 MR. DARDEN:

Okay. And you have the glove on?

# 11 MR. RUBIN:

Yes, I do.

# 12 MR. DARDEN:

And what size is the glove now today?

# 13 MR. COCHRAN:

Your Honor, my continuing objection to this speculation.

# 14 THE COURT:

Noted. Overruled. You can answer the question.

# 15 MR. RUBIN:

It's closer to a size large than an extra large.

KEY QUOTE

# 16 MR. DARDEN:

But when manufactured and purchased, it was an extra large?

# 17 MR. RUBIN:

Yes, it was.

# 18 MR. COCHRAN:

Asked and answered.

# 19 THE COURT:

Overruled.

# 20 MR. DARDEN:

Thank you.

Temperature

procedural

Key Quotes (3)

Richard Rubin

It's closer to a size large than an extra large.

Supports the prosecution's argument that the gloves shrank due to blood and environmental exposure, countering the defense's 'if it doesn't fit' narrative.

Lance A. Ito

the glove was turned inside out and was examined. So that explains how the lining is dislodged from the fingers.

Judge explains to the jury why the glove's interior lining is now visibly displaced — an important contextual correction after overnight court-permitted examination.

Richard Rubin

Yes, it was.

Confirms the glove was originally manufactured and sold as an extra large, reinforcing the shrinkage argument.

Evidence (1)

Exhibit 77

Left-hand Aris Isotoner glove, examined overnight by court permission, turned inside out, lining dislodged from fingers

worn by witness during testimony; size assessed

Notable Exchanges (2)

Christopher Darden•Richard Rubin

Darden walks Rubin through fitting his hand into the glove — directly rehabilitating the prior day's testimony where Rubin could not get his hand in — and elicits the size-reduction observation.

strategic

Johnnie Cochran•Lance A. Ito

Cochran objects twice — once for speculation, once for asked and answered — both overruled. Perfunctory resistance with no effect.

routine

Objections

2 objections (0 sustained, 2 overruled)

Proceeding 6418 • 20 utterances • Prosecution witness

Criminal Trial

Department 103