Direct examination of Richard Rubin (part 4)

📄 Direct examination of Richard Rubin (part 4) — Wednesday, June 21, 1995

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C:\DEPT103\CRIMINAL\1995\JUN\21\DIRECT-EXAMINATION-OF-RICHARD-.DOC

TRIAL

▲ Day 100 of 167

◀ Sidebar: demonstration authorization Cross-examination of Richard Rubin ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Wednesday, June 21, 1995 • Utterances: 95

Richard Rubin's direct examination resumed with the famous glove demonstration: OJ Simpson tried on a pair of Aris Isotoner XL gloves in front of the jury, guided entirely by Judge Ito. Rubin testified the gloves fit 'quite well' and 'snug and tight, pretty much the way the gloves were designed,' though he acknowledged they were slightly snug because they had never been worn before. Darden also disclosed that Rubin had spent approximately 15 minutes with five defense attorneys in the corner of the courtroom before testifying.

# 1 THE COURT:

All right. Mr. Darden.

# 2 MR. DARDEN:

A few more questions.

DIRECT EXAMINATION (RESUMED) BY MR. DARDEN

# 3 MR. DARDEN:

Mr. Rubin, you did testify that you spoke to me in my office last night and this morning?

# 4 MR. RUBIN:

Yes, I did.

# 5 MR. DARDEN:

When you came into the court this morning you spoke to some other lawyers, didn't you?

# 6 MR. RUBIN:

Yes, I did.

# 7 MR. DARDEN:

Where were you when you spoke to those other lawyers?

# 8 MR. RUBIN:

Right behind that partition.

# 9 MR. DARDEN:

Over in the corner?

# 10 MR. RUBIN:

Yes.

# 11 MR. DARDEN:

And how many lawyers did you speak to in that corner?

# 12 MR. RUBIN:

I believe it is four.

# 13 MR. DARDEN:

And who were those lawyers?

# 14 MR. RUBIN:

Mr. Cochran, Mr. Shapiro--

# 15 MR. SCHECK:

Mr. Scheck.

# 16 MR. RUBIN:

Mr. Scheck and Mr. Blasier.

# 17 MR. SHAPIRO:

Also for the record Miss Filipe was also present from my office.

# 18 MR. RUBIN:

I'm sorry.

# 19 MR. DARDEN:

So you were in the corner of the courtroom with five Defense attorneys?

# 20 MR. RUBIN:

Yes, I was.

# 21 MR. DARDEN:

For how long were you there?

# 22 MR. RUBIN:

I think approximately fifteen minutes.

# 23 MR. DARDEN:

Did they ask you a lot of questions?

# 24 MR. RUBIN:

Yes, they did.

# 25 MR. DARDEN:

Did you answer them?

# 26 MR. RUBIN:

I answered them.

# 27 MR. DARDEN:

May we proceed with the demonstration, your Honor?

# 28 THE COURT:

All right. Mr. Rubin, the pair of gloves that you have in front of you, is there anything in them right now? Any cardboard stretching material, anything like that?

# 29 MR. RUBIN:

Yes. There are some forming inserts in them.

# 30 THE COURT:

All right. Would you remove those, please.

# 31 (Witness complies.)

# 32 THE COURT:

All right. Let me ask counsel to be seated. And Mr. Simpson, would you please step over to the podium. (Mr. Simpson complies.)

# 33 THE COURT:

And Mr. Rubin, would you--you have removed the forming inserts?

# 34 MR. RUBIN:

Yes, I did.

# 35 THE COURT:

All right. And would you--I think we need to cut the string that is in between them. Can you pull those apart?

# 36 (Witness complies.)

# 37 THE COURT:

Thank you. Would you hand the right hand glove to Mr. Simpson, please.

# 38 (Witness complies.)

# 39 MR. DARDEN:

Could we have Mr. Simpson step back to the podium?

# 40 MR. COCHRAN:

Your Honor--

# 41 THE COURT:

No comments, counsel. I will direct it. And Mr. Simpson, would you please, however, stand at the podium.

# 42 (Mr. Simpson complies.)

# 43 THE COURT:

Thank you. Turn to your right, please.

# 44 (Mr. Simpson complies.)

# 45 THE COURT:

All right. Mr. Darden, would you please have a seat.

# 46 MR. DARDEN:

I'm just trying to see the demonstration.

# 47 THE COURT:

Counsel, be seated, please.

# 48 THE COURT:

All right. Mr. Rubin, would you give Mr. Simpson the left glove, please.

# 49 (Witness complies.)

# 50 (Brief pause.)

# 51 THE COURT:

All right. Mr. Simpson, would you show your hands to the jury, please, front and back.

# 52 (Mr. Simpson complies.)

# 53 THE COURT:

All right. Thank you, sir. And would you remove the gloves and give them back to Mr. Rubin, please.

# 54 (Mr. Simpson complies.)

# 55 MS. CLARK:

Your Honor, may I request that Mr. Rubin feel the gloves on Mr. Simpson's hands?

# 56 MR. COCHRAN:

Your Honor, this is not her witness. I object.

# 57 THE COURT:

Sustained. Mr. Rubin, would you retake the witness stand, please.

# 58 (Witness complies.)

# 59 THE COURT:

Mr. Darden.

# 60 MR. DARDEN:

Mr. Rubin, I didn't see what happened. Could you tell me what happened?

# 61 MR. COCHRAN:

Your Honor, I object. This is not important--objection, your Honor.

# 62 THE COURT:

Overruled.

# 63 MR. RUBIN:

Mr. Simpson--

# 64 MR. COCHRAN:

Object to the form of this question.

# 65 THE COURT:

Sustained. Why don't you reask the question.

# 66 MR. RUBIN:

--approached the podium.

# 67 MR. COCHRAN:

Just a moment.

# 68 MR. DARDEN:

Mr. Rubin, could you describe for me what occurred, please, during that demonstration?

# 69 MR. RUBIN:

Mr. Simpson approached the podium in front of the jury box and took the right glove from me and proceeded to put it on his right hand and then I handed him the left glove and he proceeded to put it on his left hand.

# 70 MR. DARDEN:

Okay. Did he have any difficulty.

# 71 MR. COCHRAN:

Your Honor, I object to the form of that question. Calls for speculation.

# 72 THE COURT:

You can ask him his opinion regarding the fit.

# 73 MR. DARDEN:

Would you give us your opinion regarding the fit of the glove on Mr. Simpson's hands?

# 74 MR. RUBIN:

I think they fit quite well.

KEY QUOTE

# 75 MR. DARDEN:

Okay. And would you--

# 76 MR. RUBIN:

And--this is an extra large glove. It was a little on the snug side, since these had never been tried on before, but basically he was able to get them over his hand tugging at them a little bit that you would normally do when you first try on a pair of gloves for the first time. And they appeared to fit him snug and tight, pretty much the way the gloves were designed.

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

# 78 MR. DARDEN:

And you have indicated that these gloves are on the small size of extra large; is that correct?

# 79 MR. RUBIN:

I indicated that initially.

# 80 MR. COCHRAN:

I object. That misstates the evidence, your Honor. That is not what he said.

# 81 THE COURT:

Overruled.

# 82 MR. RUBIN:

Yes, I did.

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

# 84 MR. DARDEN:

Mr. Rubin, do those gloves fit the way they should fit when they are new?

# 85 MR. RUBIN:

Yes.

# 86 MR. DARDEN:

And with time would you expect those gloves to loosen up, that is, if the Defendant wore them for more than the brief moment he wore them here in front of the jury?

# 87 MR. RUBIN:

They wouldn't change in two minutes, but over time, if someone were to move their hands back and forth, drive a car, do something with the gloves on, they gradually would get a little looser initially, yes.

KEY QUOTE

# 88 MR. DARDEN:

Okay. Now, you told us last week that those gloves were not manufactured after 1992; is that correct?

# 89 MR. RUBIN:

Umm, I was under the impression, according to Brenda Vemich, she testified earlier, that she, starting in 1992, started to receive merchandise that was not sewn in the same construction; however, it was considered the same style number.

# 90 MR. DARDEN:

So between 1992 and `94 that would allow the owner of a pair of these gloves many opportunities to wear them and stretch them?

# 91 MR. COCHRAN:

Your Honor, that calls for speculation.

# 92 THE COURT:

Sustained.

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

# 94 MR. DARDEN:

Thank you.

# 95 THE COURT:

Mr. Cochran, anything further?

Temperature

tense

Key Quotes (3)

Richard Rubin

I think they fit quite well.

Direct rebuttal to the defense narrative that the gloves did not fit Simpson — the prosecution's own glove expert says they did.

Richard Rubin

It was a little on the snug side, since these had never been tried on before, but basically he was able to get them over his hand tugging at them a little bit that you would normally do when you first try on a pair of gloves for the first time. And they appeared to fit him snug and tight, pretty much the way the gloves were designed.

Rubin's full characterization of the fit — acknowledges some snugness but frames it as normal for new gloves, bolstering the prosecution's position.

Richard Rubin

They wouldn't change in two minutes, but over time, if someone were to move their hands back and forth, drive a car, do something with the gloves on, they gradually would get a little looser initially, yes.

Prosecution's attempt to argue that gloves worn repeatedly by Simpson before the murders would have stretched to fit even better.

Evidence (1)

Informal

Pair of Aris Isotoner extra-large gloves with forming inserts and connecting string, used in demonstration

Forming inserts removed and string cut by Ito's direction; gloves handed to Simpson for try-on demonstration before jury

Notable Exchanges (3)

Lance A. Ito•Christopher Darden•Johnnie Cochran

Ito takes full control of the glove demonstration, directing Simpson's movements and telling Darden to sit down when he tried to position himself to observe. Cochran attempts to comment and is also silenced.

procedural, controlled

Marcia Clark•Johnnie Cochran•Lance A. Ito

After the demonstration, Clark requested Rubin be allowed to feel the gloves on Simpson's hands. Cochran objected that it was not her witness. Ito sustained.

strategic

Christopher Darden•Richard Rubin

Darden opens by establishing on the record that Rubin met privately with five defense attorneys — Cochran, Shapiro, Scheck, Blasier, and Filipe — for approximately 15 minutes in the corner of the courtroom before testifying.

revealing

Light Moments (3)

Barry Scheck

Barry Scheck interjects to add his own name to Rubin's list of defense attorneys, apparently because Rubin forgot to include him.

Robert Shapiro

Robert Shapiro pipes up after the exchange to add 'Miss Filipe was also present from my office' for the record, prompting Rubin to apologize.

Christopher Darden

After Ito tells him to sit down, Darden replies 'I'm just trying to see the demonstration' — a mildly plaintive moment as the prosecutor gets sidelined from his own witness examination.

Witness Demeanor

(Witness complies.) — repeated multiple times when handing gloves and returning to stand

(Brief pause.) — during the moment Simpson was trying on the gloves before the jury

(Discussion held off the record between the Deputy District Attorneys.) — twice, while Darden conferred with Clark mid-examination

Objections

6 objections (3 sustained, 3 overruled)

Proceeding 6489 • 95 utterances • Prosecution witness

Criminal Trial

Department 103