Sidebar: glove demonstration and sizing

📄 Sidebar: glove demonstration and sizing — Friday, June 16, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\16\SIDEBAR-GLOVE-DEMONSTRATION-AN.DOC

TRIAL

▲ Day 97 of 167

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

Date: Friday, June 16, 1995 • Utterances: 28

During a sidebar, Judge Ito sustained an objection to a question about the gloves but allowed the prosecution to have the witness try on the gloves. The parties debated whether the witness could testify about the gloves' size, with Cochran arguing it would be speculation, while Darden noted other gloves found in Simpson's bedroom were extra large.

# 1 THE COURT:

Over at the side bar. Mr. Darden, I think you were about to ask this witness is there anything about the way that he put on the gloves that seemed unusual to you or something like that, which counsel, the jurors got to see what went on.

# 2 MR. DARDEN:

Okay, okay.

# 3 MR. COCHRAN:

Judge, that question--

# 4 THE COURT:

And I'm sure that when we come to final argument I'm sure you will trot out the videotape.

KEY QUOTE

# 5 MR. COCHRAN:

I will be trotting it out, too.

# 6 THE COURT:

I'm sure you will.

# 7 MR. COCHRAN:

But Judge, Judge--

# 8 THE COURT:

I'm sustaining the objection.

# 9 MR. COCHRAN:

Very well.

# 10 MR. DARDEN:

Can we have one moment?

# 11 MR. COCHRAN:

Judge, I need a couple minutes.

# 12 (Discussion held off the record.)

# 13 (Discussion held off the record between the Deputy District Attorneys.)

# 14 MR. DARDEN:

Anyway, I need him to put the gloves on and tell us what size they are now.

# 15 MR. COCHRAN:

Who?

# 16 MR. DARDEN:

Him.

# 17 THE COURT:

Are you going to do that with or without latex gloves?

# 18 MR. COCHRAN:

Wait a minute, Judge.

# 19 MR. DARDEN:

With latex gloves for him.

# 20 MR. COCHRAN:

Judge--

# 21 MS. CLARK:

He can size them.

# 22 MR. COCHRAN:

We object to that question. He can't tell us what size they are. I mean this is--

# 23 MR. DARDEN:

What are you talking about?

# 24 MR. COCHRAN:

He has been gone since 1990 from this place. We are allowing in all this stuff. He is going to tell us. The size says extra large. That is speculation. He can try them on.

# 25 MR. DARDEN:

We have gotten gloves out of O.J.'s master bedroom and out of his drawer and they are all extra large, some are actually large, but we will get into this later.

KEY QUOTE

# 26 MR. COCHRAN:

I love when you guys get into stuff.

KEY QUOTE

# 27 THE COURT:

At this point the Court sustains the objection to the last question. Yes, you can have him try on the gloves.

# 28 MS. CLARK:

Thank you, your Honor.

Temperature

tense

Key Quotes (4)

Johnnie Cochran

The size says extra large. That is speculation. He can try them on.

Cochran draws a line between reading a label (which he objects to) and a physical demonstration (which he concedes is allowable), a tactically shrewd distinction given the glove-fitting legacy from the criminal trial.

Christopher Darden

We have gotten gloves out of O.J.'s master bedroom and out of his drawer and they are all extra large, some are actually large, but we will get into this later.

Darden previews additional glove evidence — multiple pairs found in Simpson's home — setting up a broader sizing argument.

Johnnie Cochran

I love when you guys get into stuff.

A rare moment of courtroom wit from Cochran, needling the prosecution.

Lance A. Ito

And I'm sure that when we come to final argument I'm sure you will trot out the videotape.

Ito signals awareness that the glove demonstration will be heavily used in closing argument, showing he's tracking the strategic landscape.

Evidence (3)

Informal

The gloves being demonstrated in court

discussed, witness ordered to try on

Informal

Videotape of the glove demonstration

referenced by Ito as anticipated closing argument evidence

Informal

Extra large gloves found in Simpson's master bedroom and drawer

described by Darden, to be introduced later

Notable Exchanges (2)

Lance A. Ito•Johnnie Cochran

Both acknowledge the videotape of the demonstration will be used in final argument, with Cochran confirming he'll use it too — implying he still sees the fitting as favorable to the defense.

strategic

Christopher Darden•Johnnie Cochran

Cochran objects to the witness stating the gloves' size as speculation; Darden pushes back by referencing other gloves recovered from Simpson's home all being extra large.

heated

Light Moments (2)

Lance A. Ito / Johnnie Cochran

Ito deadpans that Cochran will 'trot out' the videotape in closing; Cochran cheerfully agrees he will.

Johnnie Cochran

'I love when you guys get into stuff.' — Cochran's sardonic jab at the prosecution previewing new evidence mid-sidebar.

Witness Demeanor

(Discussion held off the record.)

(Discussion held off the record between the Deputy District Attorneys.)

Objections

2 objections (2 sustained, 0 overruled)

Proceeding 6431 • 28 utterances

Criminal Trial

Department 103