You just said that once you gave me the voir dire opportunity that I could renew my objection. And just that the last question I asked, you know, I just fail to see, if they still want to go forward with it, how this becomes relevant. And I would just like to briefly state it, your Honor, if your Honor would allow me, that there are three different sizes within the extra large.
That fits 99.5 percent and that he has already told your Honor, that the left glove, the Bundy glove, is down to almost a large size. I mean, there is a significant difference, for whatever reason, with regard to the gloves here, and so I think under the substantial similarity test you laid out the ground rules, but I would just renew my objection. But I don't think it is fair and that is the whole issue. I don't think it is a fair test, but we will see.
Well, obviously the test is substantial similarity and I think the bottom line question is whether or not those gloves could have been worn by the Defendant, okay? Excuse me. Obviously they are extra large gloves. Obviously the Defendant's blood and the victim's blood are on those gloves and obviously those gloves were transported to the murder scene and they were used on the commission of that murder, okay? So obviously those gloves were used during the commission of the murder. They are both extra larges, that is the crime scene gloves and the gloves that we have here, and in fact these gloves may be a little smaller than those were originally. They may not be the exact same size, but that isn't the test, and the fact that they are not perfect extra larges, then that is to the Defendant's benefit. But in any event, we have clearly met our burden in terms of substantial similarity and I don't know why Mr. Cochran is so afraid to have this man put these gloves on. At some point we are going to have a picture of him with the gloves on, so hey, you know, why we are burning up all this paper?
I don't want to engage in anything of a personal nature. I'm just doing the best job I can for my client. All I'm saying, and counsel misses the point, last week I invited them and said that is precisely what you said, to put the gloves on. We saw what happened. What I'm talking about now is this example. What he misses is this demonstration here I'm saying is not substantial similarity, doesn't make any difference that 99.5 percent of all men in America could wear those pristine gloves there that are extra large no matter what size. That is the question. That is the relevant question. And so I don't think it makes any difference regarding, your Honor, the condition of the gloves in this case and that was the point I was making.
All right. I'm going to overrule the objection. I will allow the trying on of the gloves.
Okay. Given that Mr. Cochran has pointed out that there is variance within the extra large gloves, I would ask that the Court instruct Mr. Cochran to surrender his pairs and I will surrender my pristine pair and let's have him try on all three.
These gloves--my objection is as we said before, these gloves--first of all, your Honor--well, obviously we will abide by whatever you say, but this is becoming close to silly just for them to redeem and recoup and they are not going to be able to recoup because this is not the same test. And the purpose for the pristine gloves which you asked us about which we complied and we didn't--we had people putting their hands in his gloves and I don't know what they have done and we have tried our gloves on also and that is unfair.
Well, the Court has a pristine pair of gloves which is now People's 401. The jury has heard Mr. Rubin's testimony and description of that and I will allow the use of that pair of gloves.
I don't think it is a fair test, but we will see.
Obviously the Defendant's blood and the victim's blood are on those gloves and obviously those gloves were transported to the murder scene and they were used on the commission of that murder, okay?
I don't know why Mr. Cochran is so afraid to have this man put these gloves on.
What I'm talking about now is this example. What he misses is this demonstration here I'm saying is not substantial similarity, doesn't make any difference that 99.5 percent of all men in America could wear those pristine gloves there.