Redirect examination of Richard Rubin (part 2)

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

Address:

C:\DEPT103\CRIMINAL\1995\JUN\16\REDIRECT-EXAMINATION-OF-RICHAR.DOC

TRIAL

▲ Day 97 of 167

◀ Sidebar (1) Recross-examination of Richard Rubin ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Friday, June 16, 1995 • Utterances: 93

Darden conducted redirect examination of glove expert Richard Rubin, focusing on how tight gloves can be removed (by pulling at the fingers), the elasticity loss in the crime scene gloves, and the possibility that Ron Goldman could have pulled off OJ's glove during a struggle. The session ended with some light banter between counsel and Judge Ito about wanting to go home.

# 1 THE COURT:

All right. Thank you very much, counsel. Mr. Darden, would you continue, please.

# 2 MR. DARDEN:

Thank you, your Honor.

# 3 MR. DARDEN:

What did we do in our office in addition to talking about your testimony?

# 4 MR. RUBIN:

We looked at some other gloves that were on the floor in bags.

# 5 MR. DARDEN:

Okay. And were there other men present in the room?

# 6 MR. RUBIN:

Yes, there were.

# 7 MR. DARDEN:

And did you look at the size of the hands of those men?

# 8 MR. RUBIN:

Yes, I did.

# 9 MR. COCHRAN:

I object to that. Irrelevant and immaterial.

# 10 THE COURT:

Overruled.

# 11 MR. DARDEN:

And were there men in the room who had hands larger than the Defendant?

# 12 MR. COCHRAN:

I object to that, your Honor.

# 13 THE COURT:

Sustained. Sustained. We're close. We're close.

# 14 MR. DARDEN:

In response to Mr. Cochran's question, you testified that the appropriate way to pull off a tight pair of gloves is by the fingers?

# 15 MR. RUBIN:

The appropriate way to take off any glove would be by the fingers first.

# 16 MR. DARDEN:

And what do you do after you--after fingers first? How do you get them off?

# 17 MR. RUBIN:

Just pull them down and gradually they would slide off.

# 18 MR. DARDEN:

Okay. Well, would you pull them down by the fingers and then pull them off the palm of your hand?

# 19 MR. COCHRAN:

Your Honor, that's leading and suggestive. Object. Leading and suggestive, your Honor.

# 20 THE COURT:

Overruled.

# 21 MR. RUBIN:

I believe what you would do, most people would do, if they were right-handed, they would always start with their left hand, they would pull down the pinky finger approximately half an inch to an inch, pull down two or three fingers, have enough material to just pull the glove off.

# 22 MR. DARDEN:

Okay. Now, you testified that the CXL cadet is an extra large glove?

# 23 MR. RUBIN:

Yes.

# 24 MR. DARDEN:

Okay. And does that mean that the fingers in the glove are smaller than normal?

# 25 MR. RUBIN:

Slightly shorter at the end.

# 26 MR. DARDEN:

You also said that the crime scene gloves from Rockingham and Bundy both have some degree of elasticity; is that correct?

# 27 MR. RUBIN:

That's correct.

# 28 MR. DARDEN:

But they've lost some of that elasticity; is that right?

# 29 MR. COCHRAN:

Objection. Leading and suggestive.

# 30 THE COURT:

Rephrase the question.

# 31 MR. DARDEN:

Have they lost any of the elasticity?

# 32 MR. RUBIN:

Yes, they have.

# 33 MR. DARDEN:

And when you were in my office last night, did you also look at some videotape?

# 34 MR. RUBIN:

Various videotapes, yes.

# 35 MR. DARDEN:

Videotape of the Defendant?

# 36 MR. RUBIN:

Yes.

# 37 MR. DARDEN:

Did you see him put on the latex gloves yesterday?

# 38 MR. COCHRAN:

Your Honor, I object to this. We weren't present. I object to this. Beyond the scope.

# 39 THE COURT:

Sustained. Sustained.

# 40 MR. DARDEN:

Well, did we talk about the videotape?

# 41 MR. RUBIN:

Yes, we did.

# 42 MR. DARDEN:

Did we talk about the demonstration?

# 43 MR. RUBIN:

What demonstration?

# 44 MR. DARDEN:

Yesterday, the Defendant putting the gloves on.

# 45 MR. RUBIN:

Yes. Yes, we did.

# 46 MR. DARDEN:

Did you note any irregularity--well, strike that.

# 47 MR. COCHRAN:

Your Honor, I object to this whole line of questioning.

# 48 THE COURT:

Overruled. At this point, I haven't heard a question. It's been withdrawn.

# 49 MR. DARDEN:

And did we talk about the effect latex might have on putting a pair of gloves on?

# 50 MR. COCHRAN:

Been asked and answered. That was asked of this witness this morning.

# 51 THE COURT:

Has.

# 52 MR. DARDEN:

When you say that a pair of tight gloves should properly be pulled off at the fingers, does it matter which hand you use?

# 53 MR. COCHRAN:

Objection. That's unintelligible. I object to the form of the question.

# 54 THE COURT:

Overruled.

# 55 MR. DARDEN:

If you have a glove on your left hand, does it matter--well, you would have to use your right hand to pull the glove off; is that right?

# 56 MR. RUBIN:

Yes, you would.

# 57 MR. DARDEN:

Okay. But someone else could pull that glove of, couldn't they?

# 58 MR. COCHRAN:

Your Honor, that calls for a form of speculation.

# 59 THE COURT:

Overruled.

# 60 MR. RUBIN:

Yes, they could.

# 61 MR. DARDEN:

And if the Defendant had on a glove, a tight glove, and was in a struggle with Ron Goldman and that glove came off, that could be because Goldman pulled at his fingers: Is that correct?

KEY QUOTE

# 62 MR. COCHRAN:

I object to the form. It's argumentative. Improper hypothetical.

# 63 THE COURT:

Sustained.

# 64 MR. COCHRAN:

Beyond--

# 65 THE COURT:

Sustained.

# 66 MR. DARDEN:

In any event, a tight glove can be pulled off a hand--

# 67 MR. RUBIN:

Yes.

# 68 MR. DARDEN:

--rather easily?

# 69 MR. RUBIN:

Yes.

# 70 MR. COCHRAN:

Asked and answered.

# 71 MR. DARDEN:

Rather easily; is that right?

# 72 MR. RUBIN:

Yes, it is.

# 73 MR. DARDEN:

Now, when you spoke with us in my office yesterday, you spoke primarily to me?

# 74 MR. RUBIN:

Yes, I did.

# 75 MR. DARDEN:

Other people came in and out; is that correct?

# 76 MR. RUBIN:

That's correct.

# 77 MR. DARDEN:

Okay. So--you and I had never met prior to yesterday; is that correct?

# 78 MR. RUBIN:

That's correct.

# 79 MR. DARDEN:

You live in New York?

# 80 MR. RUBIN:

Yes.

# 81 MR. DARDEN:

Okay. So if I prepare you to testify, I would have to ask you questions, wouldn't I?

# 82 MR. RUBIN:

Yes, you would.

# 83 MR. COCHRAN:

That calls--I withdraw it.

# 84 THE COURT:

Overruled.

# 85 MR. DARDEN:

And that's--is there any way to find out if somebody knows the answer to a question other than by posing the question to him?

# 86 MR. COCHRAN:

Your Honor, objection. That's common sense.

# 87 THE COURT:

It is.

# 88 MR. DARDEN:

That's all. Thank you.

# 89 MR. COCHRAN:

Just one or two additional. I want to go home too, your Honor.

# 90 MR. DARDEN:

Yell at him like you yelled at me, Judge.

KEY QUOTE

# 91 THE COURT:

I'm about to. I'd like to go home too as would the jury.

# 92 MR. COCHRAN:

And the jury. And with that thought in mind--I want them to go home.

# 93 THE COURT:

Let's proceed. Proceed.

Temperature

procedural

Key Quotes (4)

Richard Rubin

most people would do, if they were right-handed, they would always start with their left hand, they would pull down the pinky finger approximately half an inch to an inch, pull down two or three fingers, have enough material to just pull the glove off.

Prosecution building foundation that a tight glove could be removed in a struggle without the wearer intending it

Christopher Darden

if the Defendant had on a glove, a tight glove, and was in a struggle with Ron Goldman and that glove came off, that could be because Goldman pulled at his fingers: Is that correct?

The prosecution's core theory for why the Bundy glove was left at the scene — sustained as argumentative, but the idea was planted

Christopher Darden

Yell at him like you yelled at me, Judge.

Rare moment of courtroom levity as Darden deflects Ito's impatience toward Cochran

Johnnie Cochran

I want to go home too, your Honor.

End-of-day fatigue acknowledged openly by defense counsel, humanizing moment

Evidence (4)

Informal

Crime scene gloves from Rockingham and Bundy

discussed — elasticity loss confirmed

Informal

Videotape of OJ Simpson putting on latex gloves during demonstration

referenced but testimony about it sustained as beyond scope

Informal

Other gloves examined at Darden's office

mentioned as part of witness prep session

Informal

CXL cadet extra-large glove

discussed — fingers described as slightly shorter than normal

Notable Exchanges (3)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Darden attempts to elicit testimony about OJ's latex glove demonstration from the prior day; Cochran objects as beyond scope and because prosecution wasn't present — sustained

strategic

Christopher Darden•Richard Rubin

Darden walks Rubin through the Goldman-pulls-off-glove hypothetical; Cochran objects as argumentative improper hypothetical and it is sustained, but Darden gets the simpler concession that a tight glove can be pulled off easily

strategic

Christopher Darden•Lance A. Ito•Johnnie Cochran

End-of-day banter about all parties wanting to go home; Darden jokes that Ito should yell at Cochran the way he yelled at him

light

Light Moments (3)

Christopher Darden

Darden tells Judge Ito to 'yell at him like you yelled at me' when Cochran asks for additional recross time

Lance A. Ito

Ito deadpans 'I'm about to' and notes the jury also wants to go home

Johnnie Cochran

Cochran says 'I want to go home too, your Honor' before beginning recross

Credibility Attacks (1)

⚔ Richard Rubin

implied coaching through witness prep

Cochran's sustained objection about the videotape discussion implied the witness was being shaped by Darden's office prep; Darden then preemptively rehabilitated by eliciting that asking questions during prep is the only way to know what a witness knows

Objections

13 objections (5 sustained, 7 overruled)

Proceeding 6422 • 93 utterances • Prosecution witness

Criminal Trial

Department 103