📄 Sidebar: witness cumulativeness — Monday, September 11, 1995
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▲ Day 151 of 167

Sidebar: witness cumulativeness

Date: Monday, September 11, 1995 • Utterances: 20
Defense attorney Blasier objected to an upcoming witness as cumulative, arguing that testimony about black gloves has little probative value since the crime scene gloves are brown. Judge Ito overruled the objection, finding the testimony relevant to OJ's habit of wearing gloves and to establishing which pairs Nicole purchased. Clark also handed over last-minute discovery — a report from a reinterview conducted that morning with the witness, who had provided new information about photography lighting conditions.
1 MR. BLASIER:

Your Honor, may we approach while this witness is coming up?

2 THE COURT:

Sure.

3 (The following proceedings were held at the bench:)
4 THE COURT:

Okay. We're over at the sidebar. Mr. Blasier.

5 MR. BLASIER:

This is another witness who saw black gloves. I would object as cumulative at this point. Particularly, black gloves obviously are not the gloves in evidence. So I think they have very little probative value.

KEY QUOTE
6 THE COURT:

Miss Clark.

7 MS. CLARK:

I'm having a hard time hearing because counsel is speaking to Mr. Darden. But we've already withdrawn other cumulative witnesses. This is the only witness I believe from this particular game. Yeah. This is the only witness from this game. What I've done is pared it down considerably so that we don't duplicate.

8 THE COURT:

Let me ask you this though. The objection is, since they're black gloves, not brown gloves, what's the probative value?

9 MS. CLARK:

Goes to habit and custom of wearing gloves during the game. And we'll show a consistent habit of him having worn these gloves during the game. Now, Mr. Schott also is very recent in time, your Honor. Shows that he's still wearing them the end of `93. And don't forget, Nicole bought him two pair. That was the initial proof in People's case in chief. There were two pairs purchased. And the fact they are a different color is very relevant to show that the pairs he winds up with in these videotapes are the ones she bought and are the ones that she bought for him and that the crime scene gloves are one of those pairs.

10 MR. BLASIER:

The proof was not that she bought him two pairs of gloves. There's nothing on the receipt showing they were for him. There's nothing on the receipt showing the color. The fact that he wears gloves as a commentator in the winter is not an unusual habit and custom. That doesn't--I would object to any further--

11 THE COURT:

Objection will be overruled. There is probative value since I don't think it's unusual that somebody would buy a black and a brown pair. I often buy shoes, both black and brown, the same make, depending what I use them for. That's not unusual. But after a couple of brown pairs and a couple of black pairs, it's going to start getting cumulative. This is the most recent one you have. Proceed. Make it quick.

12 MR. COCHRAN:

Judge, do we have any idea who these other witnesses are? We're not ready till Wednesday. You know that.

13 THE COURT:

All right. Let's go.

14 MS. CLARK:

Your Honor, I just wanted to turn over discovery to Mr. Blasier. This was--I asked--I met with these witnesses yesterday for the first time. I asked that a reinterview be done by the investigator because Mr. Schott, who teaches photography, gave me additional information concerning lighting conditions and use of a flash. I asked that this report be turned over immediately this morning of interviews conducted this more.

15 THE COURT:

Do you want to take a break at this point, Mr. Blasier, and take a look at that?

16 MR. BLASIER:

No, if we are just doing photographs.

17 MS. CLARK:

I'm just going to ask him about the photographs. Can you look at that, Bob, see if you care about the additional portion? It's kind of common sense, but--

18 THE COURT:

Are you ready?

19 MR. BLASIER:

Yes.

20 THE COURT:

Let's go.

Temperature

procedural

Key Quotes (4)

Robert Blasier
This is another witness who saw black gloves. I would object as cumulative at this point. Particularly, black gloves obviously are not the gloves in evidence. So I think they have very little probative value.
Core defense argument: testimony about black gloves is irrelevant because the Bundy glove is brown/Aris, making the evidence misleading rather than probative.
Marcia Clark
Nicole bought him two pair. That was the initial proof in People's case in chief. There were two pairs purchased. And the fact they are a different color is very relevant to show that the pairs he winds up with in these videotapes are the ones she bought and are the ones that she bought for him and that the crime scene gloves are one of those pairs.
Prosecution's theory linking the two purchased pairs to both the videotape gloves and the crime scene gloves — connecting Nicole's Bloomingdale's purchase to the murder weapon.
Lance A. Ito
I often buy shoes, both black and brown, the same make, depending what I use them for. That's not unusual. But after a couple of brown pairs and a couple of black pairs, it's going to start getting cumulative.
Ito analogizes to his own shoe-buying habits to explain his ruling — overruling the objection but signaling the prosecution's glove-habit witnesses are near their limit.
Marcia Clark
I asked that this report be turned over immediately this morning of interviews conducted this more.
Same-morning discovery disclosure — Clark is handing over a reinterview report minutes before the witness testifies, raising potential late-discovery concerns.

Evidence (3)

Informal
Receipt showing Nicole Brown Simpson purchased two pairs of Aris gloves
discussed as foundational proof for prosecution's glove-habit theory
Informal
Videotapes showing OJ wearing gloves during football commentary
referenced to establish habit and custom of wearing gloves
Informal
Reinterview report from investigator re: witness Schott on photography lighting conditions
turned over as late discovery at sidebar

Notable Exchanges (3)

Lance A. ItoMarcia ClarkRobert Blasier
Ito presses Clark on the probative value of black-glove testimony given the crime scene glove is a different color; Clark responds with the two-pairs-purchased theory; Blasier disputes the receipt proves anything about color or recipient.
strategic
Marcia ClarkRobert Blasier
Clark hands over a same-morning discovery report and informally asks Blasier ('Can you look at that, Bob') whether he needs a break to review it; Blasier declines since testimony will be limited to photographs.
collegial
Johnnie CochranLance A. Ito
Cochran interjects to remind the court that the defense is not prepared until Wednesday and asks about the identity of remaining prosecution witnesses.
procedural

Light Moments (1)

Lance A. Ito
Ito analogizes his glove ruling to his own personal habit of buying both black and brown shoes of the same make, humanizing the legal reasoning with a mundane personal anecdote.

Credibility Attacks (1)

⚔ Prosecution's glove-habit theory
probative value challenge
Blasier argues the Bloomingdale's receipt does not establish the gloves were purchased for OJ or that they were the crime scene color, undermining the chain linking Nicole's purchase to the Bundy glove.

Objections

2 objections (0 sustained, 1 overruled)
Proceeding 7598 • 20 utterances
Criminal Trial
Department 103
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📂 SEP 11, 1995 📄 Sidebar: witness cumulativenes
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