All right. Back on the record in the Simpson matter. All parties are again present. The jury is not present. Mr. Blasier.
Your Honor, two things. I asked the Prosecution right after we broke if I could talk to Mr. Lee, Mr. Schott's attorney, because I wanted to ask him one or two questions. I'm waiting for that. I also asked Vannatter to bring over item 94, which was a glove taken from Mr. Simpson's residence, which I would like lodged with the court. I don't know if I'll use it. Detective Vannatter needs it to be marked by the court so he can account for it.
All right. We'll mark the glove then--Miss Clark, we'll mark it People's 609 for identification purposes.
Your Honor, a very quick scheduling matter. I've filed P&A's on Dr. Dutton's testimony with the court that Mr. Bailey has and counsel. I just want to know when the court wants to address that matter. Is that with the other--
No. I'll take a look at it at the conclusion of the court day, see what it is and see when it is I want to do it.
We have RFLP set for this afternoon. All right. Miss Clark, is Mr. Lee available to chat with Mr. Blasier before we move on?
Yes, your Honor. I asked immediately at the break when Mr. Blasier informed me, he insisted on speaking to him, that I asked he be called down, and it just took a while, but he's coming down. He will speak with Mr. Blasier.
Yes. Also, if we could have the next witness so I can make my cumulative objection.
Okay. Mr. Blasier is saying that, your Honor, because I already told him that--I voluntarily have eliminated three more witnesses to black gloves, and I would propose to conclude the glove presentation with Stewart West and Mike Romano and Debra Guidera.
Because of the--because those particular photographs show a fit that is very significant for the witness, Richard Rubin. These are very brief. Neither one of them involves video and they're very late in time. One's December of `93. The other one's January `94. You know something, your Honor? We have eliminated from our list now seven witnesses that we had proposed to call because the court keeps indicating that it's going to rule these things cumulative. We have pared it back now to the bare bones. This testimony is not, in fact, taking very long.
Be that as it may, it still doesn't mean it's not cumulative. One, we've got brown gloves, not black gloves. I mean, wouldn't you have put on your most recent black glove person first?
No, I didn't because I need to lay a foundation in the beginning and at the end, your Honor. No. No. This is important. This is important, your Honor, because Nicole Brown bought him these gloves--
--in December of `90--of `90. That's right. She bought them on December 18th of 1990. It is important to show him wearing the gloves close to the date of purchase as well as close to the date of the murders, and that's what we're attempting to do; is show a course of wearing these gloves from the time they were purchased to the time of the murders. And that's obviously important, your Honor.
Your Honor, don't they have an early one? And Mr. Schott is December of `93. That's a late one. You have two sets of black pictures.
That's Mr. Romano. And it's important. May I show you, your Honor, the photographs that we have?
Well, why do we need--first of all, the gloves that are in evidence are the brown gloves, not the black gloves.
I understand that, your Honor. But the nature of the fit is very important obviously in this case and I would like to show you the photographs we're talking about so you will appreciate what I mean.
Thank you. All right. Which one is which? One, Mr. Simpson appears to be wearing an NBC turtleneck.
The horizontal photograph in which he's wearing the turtleneck that's taken indoors is the January `94 photograph, and you can see the Aris label in it. You can also see the cashmere lining in that photograph.
There were two pair purchased in December, that was December I believe 18th of 1990 by Nicole Brown.
All right. Now, the vertical photographs where Mr. Simpson appears to be holding a lineup and it appears he's putting the gloves on or taking the gloves off.
No, your Honor. He's holding--he has one hand against his chest and it shows the very short and tight fit of that glove. The other hand is in front of it holding papers, and that's December of `93.
You can see that one bunched around his wrist and he's pushing the fingers in it. I mean--
Also, you should note on the wrist of that particular photograph, your Honor, you can see the kind of stitching, which is important to the testimony of Richard Rubin, the expert on this matter, and the bunching that Mr. Blasier continually refers to is going to be explained by Mr. Rubin as well as being reflective of the fact that it's very thin leather that rolls and puckers, which is consistent with the Aris Light glove. I would also point out to the court that those two photographs that are most close in time to the murders of the black gloves show features that none of the other ones do, both of them. They show the manner of fit and the stitching of the wrist area as well as the lining and the--on the other photograph, the lining and the Aris Light tag.
It sounds like they saved what they thought was the most probative for last to avoid a cumulative objection to me.
KEY QUOTENo, your Honor. We're showing habit and custom of wearing these gloves that is consistent over a period of time both early on and late on. Obviously, there are a great deal more we could have shown, but we voluntarily excised them from our presentation. And if you'll look at the photographs that we've already presented, your Honor, they show the hand at various positions, one with the palm out, one with the palm closed, which shows the fit when the fist is closed and shows how short it is and another set of photographs shows how short it is on the wrist.
All right. The one that is the horizontal photograph that has the label coming out, the one that depicts the wrist area and what appears to be the lining, that is a different perspective than the others.
The other black photograph, your Honor, is also a different perspective from the others showing the stitching on the wrist. I mean, it's very important because we have two sets of gloves purchased in December of 1990 of the same type, and his ability to identify both the black and the brown gloves in these photographs as the same type is of obvious probative value. To the extent that the court cuts photographs out, the court is chipping away from the credibility of the witness.
Your Honor, may I indicate to the court the videotape we are talking about was subpoenaed.
Let's not--let me figure these things out first. All right. Miss Clark, do you anticipate the direct examination will be the same, five minutes?
All right. I'll overrule the objection. They do show different perspectives, especially the label.
All right. Mr. Blasier, you want to take a few moments to talk to Mr. Lee? And for the record, Miss Clark, who are the witnesses that you've excised?
Yes. For the record, Karen Brown, James Chegia, Robert Sieb. That was most recently. Prior to that, flash Gordon Bella, Richard Roman, Krisman. I forgot the first make. Last name is Krisman, your Honor.
How about in an abundance of caution, why don't we have him escorted down so we can save some time in the event Mr. Blasier wants to recall him for a question or two. Mr. Fairtlough, why don't you accomplish that.
Any of them. Anything that has to do with 608. That's the shot I can't see. It's turned away. All right. Thank you.
Yes, your Honor. I'm prepared to go to the next witness. However, we may wish to call Mr. Lee out of order so that he doesn't have to fly back at some other time, but we're still considering that.
People will object to that, your Honor. They have surrebuttal. If they think he's relevant, let them make an offer.
To the extent that the court cuts photographs out, the court is chipping away from the credibility of the witness.
It sounds like they saved what they thought was the most probative for last to avoid a cumulative objection to me.
It is important to show him wearing the gloves close to the date of purchase as well as close to the date of the murders, and that's what we're attempting to do; is show a course of wearing these gloves from the time they were purchased to the time of the murders.
Minor detail. Hold on. We are still waiting. Why don't you have a seat.