Sidebar (1)

📄 Sidebar (1) — Friday, June 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\16\SIDEBAR-1-.DOC

TRIAL

▲ Day 97 of 167

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

Date: Friday, June 16, 1995 • Utterances: 11

A brief sidebar in which Ito rules on the scope of redirect examination of a glove expert. Darden had conducted a private post-court demonstration where men with hands larger than O.J.'s tried on smaller gloves and could fit them. Cochran objects to introducing the results since the defense was not present; Ito allows Darden to describe what was done but bars the results.

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

# 2 THE COURT:

We're over at the sidebar. I'm sure glad it's Friday. Where are we going with this?

# 3 MR. DARDEN:

Well, Mr. Cochran wants to bring out the nature of our conversation.

# 4 THE COURT:

I'm just curious about the box. Tell me about the box.

# 5 MR. DARDEN:

I'm just telling you, he looked at the gloves that we had, then we had men with hands, larger hands than O.J.'s come in and try on different kinds of gloves, sizes of gloves smaller than the one we have here in evidence; and even men with hands larger than O.J.'s were able to get their hand into those gloves.

# 6 THE COURT:

Mr. Darden, this man is an expert on gloves and an expert on sizing. What more do you need from this guy? He agreed with you that they should fit. Mr. Cochran went into your discussions with this guy after court and this morning, and you're entitled to go into, "What did we discuss," that sort of thing. You can do that. But to bring out that you did that demonstration with, you know--

KEY QUOTE

# 7 MR. COCHRAN:

We weren't present. We didn't see that.

KEY QUOTE

# 8 THE COURT:

One person. You can ask, "What did we do," but the results is something different. You can talk about what you did.

# 9 MR. DARDEN:

All right.

# 10 MR. COCHRAN:

But the results are what we are objecting to.

# 11 THE COURT:

Let's finish. Let's get this guy home.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Lance A. Ito

This man is an expert on gloves and an expert on sizing. What more do you need from this guy? He agreed with you that they should fit.

Ito signals impatience with Darden's approach and hints the expert testimony is already sufficient without the private demonstration results.

Johnnie Cochran

We weren't present. We didn't see that.

Core objection: the defense was excluded from the private glove demonstration, making its results inadmissible as substantive evidence.

Lance A. Ito

You can ask, 'What did we do,' but the results is something different. You can talk about what you did.

The ruling: process is fair game, results are excluded.

Lance A. Ito

Let's finish. Let's get this guy home.

Ito closes the sidebar briskly, signaling he wants to move on.

Evidence (2)

Informal

Gloves in evidence — the same gloves at issue in the trial

discussed in context of private sizing demonstration

Informal

Private post-court demonstration: men with hands larger than O.J.'s trying on gloves smaller than the evidence gloves

Darden seeks to introduce results; Ito restricts to description of process only

Notable Exchanges (1)

Lance A. Ito•Christopher Darden•Johnnie Cochran

Ito draws a clean line: Darden may elicit what the demonstration involved but not its results, since the defense was absent and cannot cross-examine on outcomes.

procedural, slightly impatient

Light Moments (1)

Lance A. Ito

Ito opens with 'I'm sure glad it's Friday,' setting a casual tone before getting to business.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 6421 • 11 utterances

Criminal Trial

Department 103