Sidebar: glove demonstration

📄 Sidebar: glove demonstration — Wednesday, June 21, 1995

Address:

C:\DEPT103\CRIMINAL\1995\JUN\21\SIDEBAR-GLOVE-DEMONSTRATION.DOC

TRIAL

▲ Day 100 of 167

◀ Direct examination of Richard Rubin (part 2) Direct examination of Richard Rubin (part 3) ▶

Date: Wednesday, June 21, 1995 • Lines: 28

At a sidebar in the criminal trial, counsel and the court discussed a proposed glove demonstration. Darden argued that Mr. Bell and Mr. Simpson had the same-size hands and that using Bell would provide substantial similarity, but Judge Ito rejected that foundation based on Rubin's testimony that Bell's fingers were shorter. Darden also proposed an alternate pair of gloves and reported being told that Simpson had not taken anti-inflammatory medication for a day, causing swelling and inflammation in his hands; Cochran objected to the alternate-glove proposal and disputed the medication concern.

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

# 2 THE COURT:

We are over at the side bar. Mr. Darden.

# 3 MR. DARDEN:

Your Honor, the witness will testify that Mr. Bell has the same size hand as the Defendant has. And our concern is that Mr. Simpson is just going to act out in front of the jury and attempt to testify under circumstances where he can't be cross-examined. That is substantial similarity. But the men both have the same size hands.

# 4 THE COURT:

I don't think the record supports that, though, because Mr. Rubin indicated that Mr. Bell's fingers were actually shorter, so I don't think they are the same size, so I don't think you have a foundation to do that. We have Mr. Simpson here. He's the relevant fit. But if you want the demonstration, it will be done at my direction without any comment from any counsel.

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

# 6 MR. DARDEN:

Obviously we are concerned that we are just--

# 7 MR. COCHRAN:

Fine. We are ready to proceed, your Honor.

# 8 MR. DARDEN:

--inviting another circus-like situation involving the Defendant.

# 9 MR. COCHRAN:

We accept that.

# 10 THE COURT:

Well, I don't think Mr. Bell's hands are--I'm not convinced that he and Mr. Simpson have the same size hands at this point. And based upon Mr. Rubin's testimony I don't think it is an appropriate demonstration.

# 11 MR. COCHRAN:

Thank you, your Honor. All right. Thank you, your Honor.

# 12 MR. DARDEN:

Wait. I'm not finished yet. We do have our own pair of leather gloves which have been kept in my custody, so Mr. Simpson--it is another pair of gloves that have not been altered in any way--what the Defense can put on Mr. Simpson's hands.

# 13 MR. COCHRAN:

No.

# 14 MR. DARDEN:

And they do have their own pair of gloves.

# 15 MR. COCHRAN:

I object for the reasons we talked about, your Honor. These gloves are pristine, and as I said, your Honor, this demonstration is spending much more time than it is worth. The Court has ruled and I don't want to use their gloves. They have been tried on by other people and it is not recommended to have somebody else do it. It is either Simpson or someone else and you have set the ground rules and I take umbrage about Simpson acting up. The evidence now is that that left glove was more like a large, so no one was acting up. Those gloves are smaller and that is what we are talking about, so I would just submit it.

# 16 (Discussion held off the record between Defense counsel.)

# 17 MR. DARDEN:

Additional concern I have of course is--

# 18 MR. SHAPIRO:

One second.

# 19 (Discussion held off the record between Defense counsel.)

# 20 MR. DARDEN:

People used to say "Please" where I come from.

# 21 MR. SHAPIRO:

I'm sorry.

# 22 MR. DARDEN:

Another concern of course is that Mr. Simpson has arthritis and we looked at the medication that he takes and some of it is anti-inflammatory and we are told that he has not taken the stuff for a day and it caused swelling in the joints and inflammation in his hands and I'm concerned about that.

# 23 MR. COCHRAN:

Your Honor, the man has--my dear friends are being paranoid, your Honor. The man has medicine. He doesn't want to be sick. And they are doing this, your Honor. We haven't asked to do this.

# 24 MR. COCHRAN:

So may we proceed, your Honor?

# 25 THE COURT:

All right. The objection is sustained.

# 26 MR. COCHRAN:

Thank you, your Honor.

# 27 MR. DARDEN:

May I have one moment?

# 28 THE COURT:

Sure.

Temperature

tense

Key Quotes (4)

Christopher Darden

our concern is that Mr. Simpson is just going to act out in front of the jury and attempt to testify under circumstances where he can't be cross-examined.

Darden expresses concern that Simpson might perform before the jury in a way that would amount to testimony without being subject to cross-examination.

Johnnie Cochran

my dear friends are being paranoid, your Honor. The man has medicine. He doesn't want to be sick. And they are doing this, your Honor. We haven't asked to do this.

Cochran deflects the arthritis-medication accusation while subtly reminding the court the defense didn't initiate the demonstration.

Christopher Darden

we are told that he has not taken the stuff for a day and it caused swelling in the joints and inflammation in his hands and I'm concerned about that.

Darden reports that Simpson had not taken anti-inflammatory medication for a day and expresses concern that resulting swelling and hand inflammation could affect the glove demonstration.

Christopher Darden

People used to say 'Please' where I come from.

Small moment of friction with Shapiro mid-sidebar, revealing courtroom tension.

Evidence (3)

Informal

Leather gloves kept in Darden's personal custody, described as pristine and unaltered

proposed for demonstration, rejected by defense

Informal

Left glove described as 'more like a large' in size

discussed as evidence of fit

Informal

Mr. Bell as a stand-in demonstrator — same claimed hand size as Simpson

foundation rejected by Ito based on Rubin's testimony that Bell's fingers are shorter

Notable Exchanges (3)

Christopher Darden•Lance A. Ito

Ito rejects the Bell stand-in demonstration, citing Rubin's prior testimony that Bell's fingers are shorter — no foundation for substantial similarity.

procedural

Christopher Darden•Johnnie Cochran

Darden proposes using a prosecution-held alternate pair of gloves; Cochran refuses, arguing they've been tried on by others and the demonstration isn't worth the time.

strategic

Christopher Darden•Johnnie Cochran

Darden reports that Simpson had not taken anti-inflammatory medication for a day and expresses concern about swelling and inflammation in his hands; Cochran calls the concern paranoid and notes that the defense did not request the demonstration.

heated

Light Moments (1)

Christopher Darden

Darden, interrupted mid-sentence by Shapiro without a 'please,' deadpans: 'People used to say Please where I come from.'

Credibility Attacks (1)

⚔ O.J. Simpson

medication concern

Darden reported that Simpson had not taken anti-inflammatory medication for a day and expressed concern about swelling in his joints and inflammation in his hands affecting the glove demonstration.

Objections

1 objections (1 sustained, 0 overruled)

Proceeding 6485 • 28 lines

Criminal Trial

Department 103