Redirect examination of Richard Rubin (part 3)

📄 Redirect examination of Richard Rubin (part 3) — Wednesday, June 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\21\REDIRECT-EXAMINATION-OF-RICHAR.DOC

TRIAL

▲ Day 100 of 167

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

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Wednesday, June 21, 1995 • Utterances: 80

Darden conducted brief redirect of glove expert Richard Rubin, focusing on the greater substance and wear on the Rockingham (right) glove versus the Bundy (left) glove. Cochran repeatedly objected, successfully blocking questions about women buying men's gloves and about the coroner's testimony. The examination ended abruptly at a sidebar when Darden sought to introduce diagrams (402-A and B) showing glove shrinkage.

# 1 MR. DARDEN:

Just a few, your Honor.

FURTHER REDIRECT EXAMINATION BY MR. DARDEN

# 2 MR. DARDEN:

Mr. Rubin, you testified a moment ago that there is more substance on the right glove?

# 3 MR. RUBIN:

That's correct.

# 4 MR. DARDEN:

Okay. That would be item 9, the Rockingham glove for the record, your Honor.

# 5 THE COURT:

The right glove?

# 6 MR. RUBIN:

The right glove, that's correct.

# 7 MR. DARDEN:

And the fact that there is more substance on the Rockingham glove, that is consistent then with that glove having been--

# 8 MR. COCHRAN:

Object to this, your Honor.

# 9 THE COURT:

Overruled so far.

# 10 MR. DARDEN:

Is that consistent with that glove with having been saturated in more liquid than the left glove?

# 11 MR. COCHRAN:

Object. Calls for speculation.

# 12 THE COURT:

Overruled.

# 13 MR. RUBIN:

I'm not a hundred percent sure I understand the question. You want me to tell you that--

# 14 MR. COCHRAN:

Your Honor, I object to anything further at this point.

# 15 THE COURT:

Overruled. He can ask for clarification.

# 16 MR. RUBIN:

You want me to tell you what the effect of the excessive substance on the right glove did to the glove in comparison to the left glove?

# 17 MR. DARDEN:

No. All I want to know, was there more substance on the right glove?

# 18 MR. RUBIN:

Yes, there is.

# 19 MR. DARDEN:

Does that mean that the right glove absorbed more substance than the left glove?

# 20 MR. COCHRAN:

Calls for speculation.

# 21 THE COURT:

Sustained.

# 22 MR. DARDEN:

Do you know? Can you tell us whether or not the right glove absorbed more--

# 23 MR. COCHRAN:

Calls for speculation.

# 24 MR. DARDEN:

He asked the same question.

# 25 MR. RUBIN:

It appears that way.

# 26 MR. DARDEN:

You are not--strike that.

# 27 MR. DARDEN:

You didn't watch the Coroner's testimony in this case, did you?

# 28 MR. RUBIN:

No, I did not.

# 29 MR. DARDEN:

So you don't which hand he says the killer used?

# 30 MR. COCHRAN:

Your Honor, I object. This is irrelevant and immaterial and beyond the scope.

# 31 THE COURT:

Sustained.

# 32 MR. DARDEN:

You also told us that there is no cut on a finger on the left glove?

# 33 MR. RUBIN:

That's correct.

# 34 MR. DARDEN:

That would be the Bundy glove, your Honor.

# 35 THE COURT:

Yes.

# 36 MR. DARDEN:

Are you aware that that glove was found at the scene at Bundy?

# 37 MR. COCHRAN:

Object to this, your Honor. Object to the form.

# 38 THE COURT:

Overruled.

# 39 MR. RUBIN:

I am since I arrived here.

KEY QUOTE

# 40 MR. DARDEN:

Okay.

# 41 MR. DARDEN:

You also indicated that the right-handed glove had more wear and tear on it, apparently?

# 42 MR. RUBIN:

Most definitely.

# 43 MR. DARDEN:

Okay. That is than the left glove?

# 44 MR. RUBIN:

Excuse me.

# 45 MR. DARDEN:

It has more wear and tear than the left glove?

# 46 MR. RUBIN:

Definitely.

# 47 MR. DARDEN:

And having that information, does that indicate to you, give you any indication as to whether or not the person who owned those gloves was right-handed or left-handed?

# 48 MR. RUBIN:

I can't determine that.

KEY QUOTE

# 49 MR. DARDEN:

You also told us that women usually buy gloves?

# 50 MR. RUBIN:

That's correct.

# 51 MR. DARDEN:

They usually buy mens gloves?

# 52 MR. RUBIN:

That's correct.

# 53 MR. DARDEN:

Do they usually get the right size?

# 54 MR. COCHRAN:

Object. That calls for speculation, your Honor.

# 55 THE COURT:

Sustained.

# 56 MR. DARDEN:

Does it happen that women, when they buy gloves for their men, don't get the right size?

# 57 MR. COCHRAN:

Your Honor, that calls for speculation.

# 58 THE COURT:

Sustained. I don't think we need a glove expert to tell us about shopping.

KEY QUOTE

# 59 MR. DARDEN:

I have two diagrams, your Honor. May they be marked 402-A and B?

# 60 THE COURT:

All right. 402-A and B.

# 61 MR. COCHRAN:

May I see it, your Honor?

# 62 THE COURT:

Yes.

# 63 (Peo's 402-A & b for id = diagrams)

# 64 MR. DARDEN:

May the record reflect that I have indicated 402-A and b in the upper right-hand corner?

# 65 THE COURT:

Noted. And would you show those to Mr. Cochran, please.

# 66 (Brief pause.)

# 67 (Discussion held off the record between Defense counsel and the Defendant.)

# 68 THE COURT:

Show them to Mr. Cochran.

# 69 (Discussion held off the record between Deputy District Attorney and Defense counsel.)

# 70 MR. DARDEN:

Showing you what has been marked 402-A and B, are these the two diagrams you saw in my office?

# 71 MR. RUBIN:

Yes, they are.

# 72 MR. DARDEN:

And those diagrams indicate the amount of shrinkage to the Rockingham and Bundy gloves; is that correct?

# 73 MR. COCHRAN:

Your Honor, the diagrams speak for themselves and I object.

# 74 THE COURT:

Sustained. Rephrase the question.

# 75 MR. DARDEN:

Do you know what is depicted on those documents?

# 76 MR. RUBIN:

Excuse me?

# 77 MR. COCHRAN:

Hearsay, your Honor. No foundation.

# 78 THE COURT:

Sustained.

# 79 MR. DARDEN:

Throw them on the elmo. Can I throw then on the elmo?

# 80 THE COURT:

Counsel, let me see you at side bar with the reporter.

Temperature

tense

Key Quotes (3)

Richard Rubin

I am since I arrived here.

Rubin acknowledging he only learned the Bundy glove was found at the crime scene upon arriving to testify — suggesting limited case briefing.

Lance A. Ito

I don't think we need a glove expert to tell us about shopping.

The judge shutting down Darden's line about whether women buy the right size gloves for their men — a rare moment of judicial color.

Richard Rubin

I can't determine that.

Rubin declining to opine on whether the owner of the gloves was right- or left-handed based on wear patterns — limiting the inference Darden was building toward.

Evidence (3)

Item 9 (Rockingham glove)

Right-hand glove found at Rockingham; more substance and wear than left glove

discussed

Informal

Bundy glove (left-hand glove); no cut on finger, found at crime scene

discussed

People's 402-A and B

Two diagrams depicting shrinkage of Rockingham and Bundy gloves

marked for identification, sidebar called before admission

Notable Exchanges (2)

Christopher Darden•Johnnie Cochran•Lance A. Ito

Darden tried repeatedly to get Rubin to say the right glove absorbed more liquid; Cochran objected on speculation grounds three times in quick succession, getting sustained on the fourth attempt after Rubin essentially answered anyway.

strategic

Christopher Darden•Lance A. Ito

Darden's attempt to introduce shrinkage diagrams collapsed at sidebar after Cochran objected to foundation and hearsay; Darden's informal request to 'throw them on the elmo' prompted the judge to call counsel up.

procedural

Light Moments (1)

Lance A. Ito

Judge Ito remarked 'I don't think we need a glove expert to tell us about shopping' after sustaining objections to questions about whether women buy the right glove size for men.

Witness Demeanor

(Brief pause.)

(Discussion held off the record between Defense counsel and the Defendant.)

(Discussion held off the record between Deputy District Attorney and Defense counsel.)

Objections

11 objections (6 sustained, 4 overruled)

Proceeding 6494 • 80 utterances • Prosecution witness

Criminal Trial

Department 103