📄 Cross-examination of Richard Rubin — Tuesday, September 12, 1995
Address:
C:\DEPT103\CRIMINAL\1995\SEP\12\CROSS-EXAMINATION-OF-RICHARD-R.DOC
TRIAL
▲ Day 152 of 167

Cross-examination of Richard Rubin

Witness: Richard Rubin
Examiner: Robert Blasier
Called by: Prosecution • Date: Tuesday, September 12, 1995 • Utterances: 733
Defense attorney Blasier cross-examines prosecution glove expert Richard Rubin, methodically attacking his impartiality by revealing a letter in which Rubin asked to be invited to the prosecution's 'victory party' and requested business cards from the prosecution team as memorabilia. Blasier also undermines Rubin's claim that the Brossier stitching is unique to Aris gloves by exposing that Rubin only checked with two companies (one of which does use the stitch), never contacted European manufacturers, and admitted he could not definitively read the stitching details from the trial photos. The examination ends with Rubin conceding that the gloves in the photographs appeared to fit Simpson as either a regular or oversized extra-large — suggesting they may have been too large for him.
1 THE COURT:

Mr. Blasier. Good afternoon, ladies and gentlemen.

THE JURY: Good afternoon.

CROSS-EXAMINATION BY MR. BLASIER

2 MR. BLASIER:

Good afternoon, Mr. Rubin.

3 MR. RUBIN:

Mr. Blasier.

4 MR. BLASIER:

Mr. Rubin, have you tried to be completely impartial in this case?

5 MR. RUBIN:

Absolutely.

6 MR. BLASIER:

Now, you haven't been currying favor with one side or the other?

7 MR. RUBIN:

Absolutely not.

8 MR. BLASIER:

You don't have any agenda here for one side or the other?

9 MR. RUBIN:

I do not.

10 MR. BLASIER:

You haven't tried to shade your opinion in any way to favor one side or the other?

11 MR. RUBIN:

Absolutely not.

12 MR. BLASIER:

Now, on July 3rd, you were sent pictures from--in fact, most all the pictures here, you were sent back on July 3rd before the Prosecution finished their case, correct?

13 MR. RUBIN:

That is incorrect.

14 MR. BLASIER:

You were sent pictures from Mr. Renken, from Mr. Krueger, Mr. Schott, Mr. West and Mr. Romano, correct?

15 MR. RUBIN:

I believe that's correct.

16 MR. BLASIER:

Okay. And you were told beforehand that you were going to be getting some pictures that the Prosecution wanted you to look at, correct?

17 MR. RUBIN:

Someone left a message in my office that a package was forthcoming, yes.

18 MR. BLASIER:

Had they shown you a videotape prior to that time?

19 MR. RUBIN:

No, they had not.

20 MR. BLASIER:

Had they told you there were videotapes?

21 MR. RUBIN:

I don't recall the conversation regarding videotapes at that point in time.

22 MR. BLASIER:

And you answered that letter before the Defense started calling witnesses, didn't you?

23 MR. DARDEN:

Objection. Irrelevant.

24 THE COURT:

Sustained. Sustained.

25 MR. BLASIER:

You answered that letter on July 6th, didn't you?

26 MR. RUBIN:

Yes, I did.

27 MR. BLASIER:

Before July 12th--10th--I'm sorry. You FedExed that letter to the Prosecution?

28 MR. RUBIN:

Yes, I did.

29 MR. BLASIER:

FedEx generally takes one day?

30 MR. RUBIN:

To the best of my knowledge.

31 MR. BLASIER:

Now, in your letter to the Prosecution of July 6th, you told them at that time that the pictures from Renken, Krueger, Schott, West and Romano, that it was your opinion that those were the Aris leather light style, correct?

32 MR. RUBIN:

I believe I did.

33 MR. BLASIER:

You didn't equivocate on that, did you?

34 MR. RUBIN:

I actually either in telephone conversation--I'm not a hundred percent knowledgeable of the letter because I haven't seen it, but I did ask them at least over the phone that I wanted to see enhanced blow-ups and I'd like to look at some of these things, you know, in the negative or on a small monitor.

35 MR. BLASIER:

Did you indicate in your letter on all eight photos none of the detail that can be seen indicates that the gloves could be a style other than 70263?

36 MR. RUBIN:

I did.

37 MR. BLASIER:

You're indicating unequivocally that in your opinion, from those pictures that you had last July, it was an Aris glove, correct?

38 MR. RUBIN:

That's not the case. What I meant by that statement categorically was that I did not see any features in any one of those photos that would indicate that it would be any other style that I had knowledge of. That's what I meant by that statement.

39 MR. BLASIER:

Remember us asking you yesterday what you meant by that statement?

40 MR. RUBIN:

Yes. That's exactly what I said.

KEY QUOTE
41 MR. BLASIER:

And you didn't indicate to us that what you meant by that was that it was your opinion back then that from those pictures, you could make an identification that those are Aris 70263?

42 MR. RUBIN:

I felt I could, but in context, I wanted to see more detail.

43 MR. BLASIER:

All right. Did you tell us yesterday that you had decided that what you meant by this sentence in here, that you decided back then that your expert opinion was that those were the same style glove?

44 MR. RUBIN:

I was not a hundred percent sure at that point in time.

45 MR. BLASIER:

Did you tell us yesterday that that's what you meant by that sentence?

46 MR. DARDEN:

Objection, your Honor. This is vague.

47 THE COURT:

Sustained. Rephrase the question.

48 MR. BLASIER:

Did you tell us yesterday that what you meant by that sentence is what it says, that you could--that in your opinion, these were the Aris style gloves?

49 MR. DARDEN:

Misstates the testimony.

50 MR. RUBIN:

What I meant--

51 THE COURT:

Excuse me. Overruled.

52 MR. RUBIN:

What I meant by that statement categorically was that the features that I could see in the pictures, not one feature would lead me to a non 70263 Aris light style. That's what I meant by the statement.

53 MR. BLASIER:

By the statement you made yesterday to us?

54 MR. RUBIN:

Yes.

55 MR. BLASIER:

Now, when you wrote that letter to the Prosecution back on July 6th, did you include as part of that letter--

56 MR. DARDEN:

Objection. Hearsay.

57 THE COURT:

Overruled.

58 MR. BLASIER:

--"If you should have any questions, please feel free to contact me at anytime. Please thank everyone for their hospitality during my visit. Maybe I can make it to the victory party," exclamation point, exclamation point?

59 MR. RUBIN:

Correct.

60 MR. BLASIER:

Now, was this party being planned before the Defense started?

61 MR. RUBIN:

This statement was made in jest, no differently than on the first day that I testified here, as I walked out, I wished Mr. Simpson and the crowd the best of luck. It meant nothing.

62 MR. BLASIER:

Had the victory party been planned before the Defense started?

63 MR. RUBIN:

Absolutely not.

64 MR. BLASIER:

Were you expecting an invitation to it?

65 MR. RUBIN:

No. I was never expecting an invitation.

66 MR. BLASIER:

Do you consider yourself a member of the Prosecution team at that point?

67 MR. RUBIN:

No, I do not.

68 MR. BLASIER:

Also, did you indicate in that letter in a P.S., "At your convenience, could you obtain business cards from all the members of your staff as I want to make one, only one piece for my office as memorabilia of my experience. Please include Mr. Hodgman and Miss Clark"?

69 MR. RUBIN:

Yes, I did.

70 MR. BLASIER:

Now, you were planning to construct some sort of memorabilia for your office for your customers to see?

71 MR. RUBIN:

I have probably 300 envelopes that have been sent to me around the country regarding this testimony. Most of them I haven't even opened yet, and I was planning on actually taking one article, putting some business cards in it and framing it and putting it in my office as a remembrance of my experience. That's all it was.

72 MR. BLASIER:

Cards from the Prosecution?

73 MR. RUBIN:

Yes.

74 MR. BLASIER:

Now, Mr. Rubin, you were with Aris from what year to what year?

75 MR. RUBIN:

I started selling Aris gloves in 1976. I left in 1990.

76 MR. BLASIER:

So that was 14 years?

77 MR. RUBIN:

A little bit longer.

78 MR. BLASIER:

And you were primarily in sales and marketing, correct?

79 MR. RUBIN:

No. I was actually part of the management team. I ran the men's glove division, the wholesale division and had some other responsibilities.

80 MR. BLASIER:

Now, you said you actually manufactured the gloves yourself I think on direct. Did you mean that?

81 MR. RUBIN:

Not physically.

82 MR. BLASIER:

Were you part of the manufacturing process where you get in there, work the machinery and see how it worked?

83 MR. RUBIN:

I spend approximately 300 days in the Philippines during my career there.

84 MR. BLASIER:

Now, you have been completely out of the glove business since the middle of 1990, haven't you?

85 MR. RUBIN:

That's correct.

86 MR. BLASIER:

And would you agree that your primary experience with Aris was in sales and marketing?

87 MR. RUBIN:

That was the primary function of everybody at Aris Isotoner.

88 MR. BLASIER:

You weren't there running the plant on a day-to-day business, were you?

89 MR. RUBIN:

I was not responsible for the day-to-day operations of Aris Philippines.

90 MR. BLASIER:

Now, have you ever been asked to testify as an expert in any other case?

91 MR. RUBIN:

Never.

92 MR. BLASIER:

You've never been disqualified as an expert?

93 MR. RUBIN:

Never.

94 MR. BLASIER:

Now, would you agree that there are many, many people in the glove business that have far more experience with gloves than you?

95 MR. RUBIN:

I would not agree with that.

96 MR. DARDEN:

Objection. Objection.

97 THE COURT:

Overruled.

98 MR. BLASIER:

You know Mr. Richard Zuckerware?

99 MR. RUBIN:

Yes, I do. I know him personally.

100 MR. BLASIER:

Do you think you have more experience than him?

101 MR. RUBIN:

With regard to men's gloves?

102 MR. BLASIER:

In regard to gloves.

103 MR. RUBIN:

I would say that in the overall glove industry, Mr. Zuckerware is one of maybe four or five people that has tremendous experience. As far as men's gloves in sales, marketing, design and production, I feel that my experience regarding Aris product is very excessive as far as his knowledge, and in the overall production, sales, marketing of men's gloves, I feel that my knowledge is excessive than his.

104 MR. BLASIER:

Gloves in general?

105 MR. RUBIN:

No. Men's gloves.

106 MR. BLASIER:

How many years experience does Mr. Zuckerware have, do you know?

107 MR. DARDEN:

Objection. Hearsay.

108 THE COURT:

Overruled.

109 MR. RUBIN:

Probably--I don't want to date the gentleman, but I would say that 35 years' experience.

110 MR. BLASIER:

And by the way, do you have any other glove experience other--

111 THE COURT:

Excuse me, counsel. Spell his name for the court reporter, please.

112 MR. BLASIER:

I'm sorry. Z-U-C-K-E-R-W-A-R-E I believe.

113 THE COURT:

Thank you.

114 MR. BLASIER:

Do you know Mr. Joe Valusi?

115 MR. RUBIN:

I do not.

116 MR. BLASIER:

Do you know who he is?

117 MR. RUBIN:

I do not.

118 MR. BLASIER:

Now, do you have any other glove experience other than the 14 years with Aris?

119 MR. RUBIN:

Can you be more specific regarding glove experience? As far as from a manufacturing point confined to Aris or to other outside facilities? What do you mean by this?

120 MR. BLASIER:

Let me rephrase that. Do you have any experience at all with respect to other facilities besides Aris? Have you ever worked for a glove company other than Aris?

121 MR. RUBIN:

No. But I have worked with many outside sources of glove manufacturing outside of the controlled and owned operations of Aris.

122 MR. BLASIER:

Now, you say "Work with." You mean, attend conventions with, talk in terms of sales, that sort of thing?

123 MR. RUBIN:

No. I mean actually going to their factories, developing product, planning production, designing new styles, taking customers to certain facilities. Very wide scope range.

124 MR. BLASIER:

What other companies have you designed styles of gloves for?

125 MR. RUBIN:

Well, specifically in the casual end of the business and some dress styles, a company called palace industries which has operations in--did have operations in Thailand, still does, has operations in china, now in Vietnam and also Taiwan, and then I also had experience in working with the Hungarian government in approximately seven different factories throughout Hungary. I've worked in Czechoslovakia. I've also bought and visited factories in Taiwan and Korea and actually was part of the team that set up a factory in India.

126 MR. BLASIER:

Now, this is part of your employment with Aris, correct?

127 MR. RUBIN:

Yes.

128 MR. BLASIER:

It's not separate employment?

129 MR. RUBIN:

No.

130 MR. BLASIER:

You've never worked for another glove company, have you?

131 MR. RUBIN:

No, I have not.

132 MR. BLASIER:

Now, one of the parts of your testimony here is that the Brossier stitching that you've described that Aris uses is, "Unique" is the word that you use. Did you mean "Unique" to mean only one of a kind?

133 MR. RUBIN:

It is not one of a kind. These machines were produced from approximately the early 1900's up until World War II and I'm sure there's machines that exist all over the country. I've just not sure where.

134 MR. BLASIER:

How many gloves are manufactured in the world a year roughly?

135 MR. RUBIN:

In today's times?

136 MR. BLASIER:

Yes.

137 MR. RUBIN:

I really don't have any idea.

138 MR. BLASIER:

How about when you were in the business?

139 MR. RUBIN:

On a worldwide basis, I really don't know. I did know what we manufactured and we had estimates of what other manufacturers in the United States sold.

140 MR. BLASIER:

Give us your best estimate.

141 MR. RUBIN:

In men's gloves, my best estimate in 1990 were, there were approximately six and a half to seven million pair out there.

142 MR. BLASIER:

And that's not counting any foreign producers?

143 MR. RUBIN:

Excuse me. All of these gloves were produced outside the United States.

144 MR. BLASIER:

Okay.

145 MR. RUBIN:

But they were for sale here in the United States.

146 MR. BLASIER:

Okay. How about gloves for sale throughout the world? Do you have any idea how much more that would be?

147 MR. DARDEN:

Objection. Irrelevant.

148 THE COURT:

Overruled.

149 MR. RUBIN:

I really have no way of judging that number.

150 MR. BLASIER:

Presumably a lot more than the six and a half or seven million?

151 MR. RUBIN:

I would assume so.

152 MR. BLASIER:

Now, would you agree that brown is probably the most common color for gloves?

153 MR. RUBIN:

No.

154 MR. BLASIER:

Men's gloves?

155 MR. RUBIN:

No.

156 MR. BLASIER:

What's the most common color?

157 MR. RUBIN:

Black.

158 MR. BLASIER:

Now, would you agree that the vast majority of men's gloves have three lines on the back? They're called backing, aren't they?

159 MR. RUBIN:

I never heard that phrase.

160 MR. BLASIER:

Silking.

161 MR. RUBIN:

That's better.

162 MR. BLASIER:

Okay. Vast majority of men's gloves have those three lines on the back, don't they?

163 MR. RUBIN:

Three decorative points of some configuration, yes.

KEY QUOTE
164 MR. BLASIER:

Now, you indicated that one of the reasons that Aris used that particular stitch was to separate those Aris gloves from the run of the mill gloves that you might find in target or k-mart or other large retail outlets. Is that fair?

165 MR. RUBIN:

That really wasn't the basis for it at all.

166 MR. BLASIER:

Well, I think you said that it was to distinguish that glove from the less expensive gloves.

167 MR. RUBIN:

In general, the combination of the sewing machine used the point configuration, the blind hem and the weight of the leather and the weight of the lining was what was put together as a package to create an exclusive product. But it wasn't just the one element.

168 MR. BLASIER:

It was for a high-end market, wasn't it?

169 MR. RUBIN:

The $50 and over market is very--very small.

170 MR. BLASIER:

The high-end market, wasn't it?

171 MR. RUBIN:

Yes.

172 MR. BLASIER:

Now, there are a lot of exclusive stores throughout the world, in New York, all over the place that sell high-end leather goods like gloves, correct?

173 MR. RUBIN:

I don't know how many stores would carry high-end leather goods including gloves.

174 MR. BLASIER:

Okay. So you don't have any information on that?

175 MR. RUBIN:

No, I do not.

176 MR. BLASIER:

There are other more expensive high-end gloves out there besides Aris, correct?

177 MR. RUBIN:

Absolutely.

178 MR. BLASIER:

Now, you made some effort to try and find out what other manufacturers in the world might have used Brossier stitching and produced gloves without stitching, correct?

179 MR. RUBIN:

Yes, I did.

180 MR. BLASIER:

And how many different companies did you check with?

181 MR. RUBIN:

I only checked with two.

182 MR. BLASIER:

There are a lot more companies than that in the world, aren't there?

183 MR. RUBIN:

In the world? Yes.

184 MR. BLASIER:

Now, did you ever check with any glove companies in Europe or Italy?

185 MR. RUBIN:

No, I did not.

186 MR. BLASIER:

In Europe?

187 MR. RUBIN:

No, I did not.

188 MR. BLASIER:

Other glove companies other than the two that you've told us about?

189 MR. RUBIN:

No, I did not.

190 MR. BLASIER:

And what are those two companies?

191 MR. RUBIN:

Fownes gloves, F-O-W-N-E-S, and Mr. Zuckerware's company, grand-o gloves.

192 MR. BLASIER:

And Grand-O does produce a glove with Brossier stitching, doesn't it?

193 MR. RUBIN:

They told me that they had produced a glove with Brossier stitching a couple of years ago in small quantity.

194 MR. BLASIER:

And they had it in stock?

195 MR. RUBIN:

They didn't mention that to me.

196 MR. BLASIER:

Okay. So the two companies--the only two companies that you checked with, one of them does this stitch, correct?

197 MR. RUBIN:

One out of two.

198 MR. BLASIER:

Now, if--do you have any idea how many other glove manufacturers there are in the world?

199 MR. RUBIN:

I have no idea.

200 MR. BLASIER:

If--would you agree that there's over a hundred other glove manufacturers in various parts in the world that--go ahead.

201 MR. RUBIN:

If you define glove manufacturers as anybody who is manufacturing quantity and distributing it on their own, a person who has six employees in a small shop technically is a glove manufacturer. So I'd say in places like Italy, Hungary and certain other eastern European countries, there could be hundreds of manufacturers. They would relatively be quite small as far as production.

202 MR. BLASIER:

How many of those have a Brossier machine?

203 MR. RUBIN:

I have no idea.

204 MR. BLASIER:

Now, you know that--you've seen this stitch on an Italian glove some years ago, didn't you?

205 MR. RUBIN:

Yes, I did.

206 MR. BLASIER:

From a small company?

207 MR. RUBIN:

I don't know what company it was from.

208 MR. BLASIER:

Have you made any effort to contact singer to find out other machines there are throughout the world?

209 MR. RUBIN:

No, I have not.

210 MR. BLASIER:

Are there any other machines that can make a stitch that looks like this stitch?

211 MR. RUBIN:

This stitch is a very fine whip stitch, and the machine that I'm familiar with, it does make a stitch that's similar. That's the Ozan sewing machine. The one I'm thinking of is made by a company called treasure.

212 MR. BLASIER:

And can that make a stitch that looks like this?

213 MR. RUBIN:

Similar, but not the same.

214 MR. BLASIER:

Different in what way?

215 MR. RUBIN:

The Ozan sewing machine normally runs at about 10 to 12 stitches per minute. The Brossier sewing machine runs at twice that, and the difference is in the bite. When it's a whip stitch, most of those whip stitch type machines in the bite, you get a high, low effect on the Ozan stitching machine and you get a larger seam than you would on a continuous seam and fine seam on the Brossier. But to a layman, the stitch is--stitches would appear to be somewhat similar.

216 MR. BLASIER:

Can the Ozan machine do a 22-inch--22 stitch per inch stitch?

217 MR. RUBIN:

I'm not a technician. I'm not sure if it's capable of making a stitch that tight or not. I've never seen Aris production or some other production with Ozan do more than 12 stitches an inch on the Ozan machine.

218 MR. BLASIER:

Did you make any effort - incidentally, Ozan machines are fairly common, aren't they?

219 MR. RUBIN:

Within Aris, the largest amount of gloves that were out on the marketplace were Ozan.

220 MR. BLASIER:

Other companies have Ozan stitching machines, don't they?

221 MR. RUBIN:

I believe they do.

222 MR. BLASIER:

It's a common machine, isn't it?

223 MR. RUBIN:

It's a common machine, readily available.

224 MR. BLASIER:

Are you familiar with the Bonis Golden series never-stop machines?

225 MR. RUBIN:

I've heard the term Bonis, but I'm not familiar with the machine.

226 MR. BLASIER:

Let me show you a flyer for that machine.

227 MR. DARDEN:

Objection. He's not familiar with it.

228 THE COURT:

I'm sorry?

229 MR. DARDEN:

Objection. What he's relying on, he's not familiar with.

230 THE COURT:

Overruled.

231 MR. DARDEN:

Can I see the flyer then?

232 MR. DARDEN:

It's dated 1995. Objection.

233 THE COURT:

Overruled.

234 MR. BLASIER:

Would you take a look at that, tell me if you're familiar with that machine?

235 MR. DARDEN:

352, your Honor. No authentication.

236 THE COURT:

Overruled. The question is, is he familiar with the machine.

237 MR. RUBIN:

Since I never really looked at the numbers on the machines that were at Aris Philippines for style--I've seen similar machines to this with the wheel. I'm very familiar with that. It's very common. But I don't know for a fact that it was a Bonis BG12 machine.

238 MR. BLASIER:

All right. So the machines you've seen, they can do 25 stitches an inch, can't they?

239 MR. RUBIN:

I've never seen them do 25 stitches to the inch.

240 MR. BLASIER:

Can they do 25 stitches an inch?

241 MR. RUBIN:

I could not state that to this court if I had not done it myself. I've never--

242 MR. BLASIER:

Can that machine do 25 stitches an inch?

243 MR. RUBIN:

According to the flyer, this will--

244 MR. DARDEN:

Objection. Irrelevant.

245 THE COURT:

Sustained.

246 MR. BLASIER:

Your Honor, may I have that marked, please?

247 THE COURT:

Yes. Mrs. Robertson.

KEY QUOTE
248 THE CLERK:

1372.

249 THE COURT:

1372.

250 MR. BLASIER:

So I take it then other than calling two companies and asking them specifically about the Brossier machine, you made no effort to find out what kind of other machines might make a stitch that fine?

251 MR. RUBIN:

I have not.

252 MR. BLASIER:

Now, the two companies that you contacted, did you just ask them about the Brossier stitching?

253 MR. RUBIN:

Well, in regard to Fownes, I asked them if they had any of the equipment. They told me no, and that was pretty much the end of the conversation. And I do have friends that work there. So we may have discussed other things that I'm not aware of. In regard to my conversation with Mr. Zuckerware, a technician within their company was in the room and mentioned the style number or the--

254 MR. BLASIER:

Objection. Nonresponsive.

255 THE COURT:

All right. Ask your next question.

256 MR. RUBIN:

You know, I don't remember what I spoke with them about.

257 THE COURT:

Hold on.

258 MR. BLASIER:

You didn't ask anybody about the three lines, the silking on the back, did you, in terms of how other people may or may not use that?

259 MR. RUBIN:

I did not discuss anything other than the Brossier.

260 MR. BLASIER:

So you've made no effort to find out how common or rare the silking is, and that's the three points on the back?

261 MR. RUBIN:

I think I earlier stated that it's very common.

262 MR. BLASIER:

Now, you were asked some questions about glove wear and I think you indicated that they wear out from the inside first.

263 MR. RUBIN:

This particular style.

264 MR. BLASIER:

Okay. And is that because of the cashmere lining?

265 MR. RUBIN:

That's because the cashmere lining was underweight by design and cashmere is a little bit more fragile than most materials that we use for linings, and only using one thread of cashmere versus two, we were concerned about wear and tear on the lining, and that's why in this particular style, the wear and tear would first show up on the lining.

266 MR. BLASIER:

Now, you live in new jersey I believe?

267 MR. RUBIN:

Yes.

268 MR. BLASIER:

Is that very close to New York?

269 MR. RUBIN:

Yes.

270 MR. BLASIER:

It gets real cold and wet in New York in the winter, doesn't it?

271 MR. RUBIN:

Unfortunately, in the last couple of years, it hasn't. But on occasion, it does.

272 MR. BLASIER:

It snows there, rains there?

273 MR. RUBIN:

On occasion.

274 MR. BLASIER:

People wear gloves there, don't they?

275 MR. RUBIN:

Yes, they do.

276 MR. BLASIER:

It's a much more intemperate climate than southern California, correct?

277 MR. RUBIN:

Yes.

278 MR. BLASIER:

Would you agree that people that live in New York in the winter wear gloves more often than people in California?

279 MR. RUBIN:

I would agree with you.

280 MR. BLASIER:

The more you wear gloves, the more you would expect to have indications of wear, correct?

281 MR. RUBIN:

That's correct.

282 MR. BLASIER:

On the inside, on the lining?

283 MR. RUBIN:

On this particular style.

284 MR. BLASIER:

Now, you indicated to me yesterday, did you not, that you were surprised at how little wear there was on the inside of the Bundy and Rockingham gloves?

285 MR. RUBIN:

Yes, I was, considering the condition of the gloves on the outside.

286 MR. BLASIER:

And is it not your opinion or isn't it your opinion that that is probably because whoever wore those gloves on a regular basis had relatively small hands?

287 MR. DARDEN:

Objection. No foundation.

288 THE COURT:

Overruled.

289 MR. DARDEN:

Can I be heard?

290 MR. RUBIN:

That's not exactly what I said. What I said to you out in the hallway was that the person that wore the gloves either wore them on brief periods of time or they fit that person very comfortably. They were not the wrong size.

291 MR. BLASIER:

You didn't make a comment to me about someone that didn't have large hands wore those gloves because of almost no wear on the lining?

292 MR. RUBIN:

No. I stated to you that the person that wore those gloves fit into these gloves without any strain on the lining which would cause excessive wear. I spoke to you more about what would cause excessive wear versus what would cause less wear.

293 MR. BLASIER:

What did you tell me about large hands?

294 MR. DARDEN:

Your Honor, this is hearsay, a 1054 issue here.

295 MR. RUBIN:

Regarding what?

296 THE COURT:

Overruled.

297 MR. RUBIN:

Regarding what?

298 MR. BLASIER:

Regarding the lack of wear in the lining of the evidence gloves and your statement that that's an indication--one of the inferences you can draw from that is that they were owned by somebody with smaller hands, that didn't stretch them out.

299 MR. RUBIN:

The person that--I stated to you that the person that wore the gloves did not have larger hands than the glove size itself.

300 MR. BLASIER:

All right. Was the point you were trying to make, that the person with larger hands is going to fill out the gloves and there's going to be more wear on the lining than someone whose hands are smaller?

301 MR. RUBIN:

Yes.

302 MR. BLASIER:

Now, there were indications of wear on the outside of the gloves, correct?

303 MR. RUBIN:

On the right hand, very much so. On the left hand, some.

304 MR. BLASIER:

And you testified to that before. Do you recall that?

305 MR. RUBIN:

Yes, I did.

306 MR. BLASIER:

So your experience is that gloves should wear out from the inside out, correct?

307 MR. RUBIN:

There's no way to determine the exact time frame of how long a pair of gloves would last. But it's a personal thing, the way a person uses the gloves, the way the gloves fit. You could wear them one or two times, get caught in a snow storm and change a tire and the gloves are pretty messed up. There's no way of telling.

308 MR. BLASIER:

You're speculating now, aren't you?

309 MR. RUBIN:

Yes.

310 MR. BLASIER:

Isn't it fair that one reasonable inference from the fact that these gloves are more worn on the outside than the inside is that the person who owned them had small hands that didn't fill them out and cause the inside to wear?

311 MR. DARDEN:

Objection. Calls for speculation.

312 THE COURT:

Overruled.

313 MR. RUBIN:

I couldn't confirm that statement.

314 MR. BLASIER:

You can't make that inference at all from what you've told us?

315 MR. RUBIN:

No, I can't.

316 MR. BLASIER:

Mr. Rubin, you--when did you get here by the way? Two nights ago?

317 MR. RUBIN:

I arrived here Sunday at noon.

318 MR. BLASIER:

And from the time that you arrived here until you were in court yesterday, some of that time was spent with Prosecutors looking at pictures and videos again?

319 MR. RUBIN:

Yes.

320 MR. BLASIER:

And while you were in the process of doing that, you noticed on one picture that there appeared to be a defect on one of the brown gloves in the pictures, didn't you?

321 MR. RUBIN:

That's not correct.

322 MR. BLASIER:

Did you not see what you thought might be a defect?

323 MR. RUBIN:

No. What I stated to Mr. Darden was, I thought I saw a shadow, that I would like to look at the gloves in person to see if I could detect a defect.

324 MR. BLASIER:

All right. And you saw a shadow that you thought might be a defect, correct?

325 MR. RUBIN:

Not a defect. Just a marking.

326 MR. BLASIER:

Well, you told him it might be a defect, right?

327 MR. RUBIN:

I think that's his terminology, not mine.

328 MR. BLASIER:

Did you ever use the word "Defect"?

329 MR. RUBIN:

I'm not a hundred--I'm not sure.

330 MR. BLASIER:

You might have, right?

331 MR. RUBIN:

I could have.

332 MR. BLASIER:

That's what you came down here to look at the gloves for, to see if you could find a defect, correct?

333 MR. RUBIN:

I wanted to see if there was any marking in a specific part of the glove that corresponded to a shadow in one of the videos. I wasn't sure of whether it was lighting, whether it was a mark. Just wanted to look at it.

334 MR. BLASIER:

To see if there was a defect on the evidence gloves that corresponded to what you saw in the picture?

335 MR. RUBIN:

Correct.

336 MR. BLASIER:

Wasn't there--or there was no such defect on the evidence gloves, was there?

337 MR. RUBIN:

I didn't see anything that I could definitely reidentify in any photo.

338 MR. BLASIER:

Now, which picture were you looking at where you thought you saw shadow, defect or whatever you want to call it?

339 MR. RUBIN:

I don't think that picture was actually used here. It was one of the photos that was thrown out. It was a right hand.

340 MR. BLASIER:

You're referring to one of the gloves the Prosecution decided not to use?

341 MR. RUBIN:

I believe that in an effort to save time, they just started to arbitrarily knock out different photographers and photos.

342 MR. BLASIER:

So the one where you thought you saw a defect they didn't show to the jury?

343 MR. DARDEN:

Objection. Calls for speculation.

344 THE COURT:

Sustained. Sustained.

345 MR. BLASIER:

All right. Now, you've indicated from many of these pictures that it's your opinion that you can identify the three points on the back as being the same type of three points that is on the Aris 70263, correct?

346 MR. RUBIN:

That's correct.

347 MR. BLASIER:

Now, you've indicated that's a common backing, correct?

348 MR. RUBIN:

It's very common, yes.

KEY QUOTE
349 MR. BLASIER:

Are there other backings that can be mistaken for that?

350 MR. DARDEN:

Calls for speculation.

351 THE COURT:

Overruled.

352 MR. RUBIN:

I'm not quite clear as to what you mean by that.

353 MR. BLASIER:

Well, let me show you a sheet.

354 MR. DARDEN:

There's an objection, your Honor. Can we approach?

355 THE COURT:

Overruled.

356 MR. BLASIER:

Mr. Rubin, take a look at that.

357 THE COURT:

Why don't you ask some foundational questions on this.

358 MR. BLASIER:

Yes.

359 MR. BLASIER:

Do you recognize that as a document that shows various different kinds of stitching that can be used on gloves?

360 MR. RUBIN:

Yes, I do.

361 MR. BLASIER:

Are you familiar with all of those?

362 MR. RUBIN:

I recognize many of them.

363 MR. BLASIER:

Your Honor, can I have that marked and put on the elmo, please?

364 THE COURT:

You need a little more foundation than that.

365 MR. BLASIER:

Are all those--they're actually--there's different kinds of backing stitching, correct, the three points we're talking about?

366 MR. RUBIN:

Yes. These are different configurations of what I would call three decorative points on the back of the glove.

KEY QUOTE
367 MR. BLASIER:

And you recognize all of those; do you not?

368 MR. RUBIN:

I actually don't recognize all of these.

369 MR. BLASIER:

Okay. So there may be some out there that, even though you have a lot of experience with gloves, that you're not familiar with?

370 MR. RUBIN:

There's some that are out there but not necessarily used.

371 MR. BLASIER:

But my question was--

372 MR. RUBIN:

Could be.

373 MR. BLASIER:

Some out there that you don't know?

374 MR. RUBIN:

Could be.

375 MR. BLASIER:

And the top part of that diagram indicates different kinds of stitching for fingers, right?

376 MR. RUBIN:

They do, but they're poorly represented in these stitches.

377 MR. BLASIER:

Okay. But you recognize each one of those--I mean, they're described underneath them; are they not?

378 MR. RUBIN:

Yes.

379 MR. BLASIER:

They are all stitches you're familiar with?

380 MR. RUBIN:

I'm familiar with all of those.

381 MR. BLASIER:

Your Honor, may I have that marked and put on the elmo, please?

382 THE COURT:

It's 1373. Mrs. Robertson, 1373?

383 THE CLERK:

Yes.

384 MR. BLASIER:

Mr. Rubin, can you see those sample stitches? Those are the silkings we've been talking about?

385 MR. RUBIN:

Yes. Three points on the back.

KEY QUOTE
386 MR. BLASIER:

Which of those, if it's up there, is on the Aris 70263?

387 MR. RUBIN:

These stitches are actually so poor and not really indicative of what they say compared to what's a glove. If you want me to pull out a glove to show you--like at the bottom right, it says four-needle stitching. If you want me to pull out a glove and show you what four-needle stitching looks like--it doesn't look like this. I can't tell from this.

388 MR. BLASIER:

You can't tell from those stitches which one is on the Aris?

389 MR. RUBIN:

The way the draw machine works, there are five positions. There are five needles. You can configure this to do things in different format. What's on the back of 70263 is needle no. 1, 2 and 3 with thread without cord. I don't know where it is on here. It's a blur.

390 MR. BLASIER:

Your Honor, could I put 612-B on the elmo, please?

391 THE COURT:

Yes.

392 MR. BLASIER:

Mr. Rubin, do you recall identifying this picture? This is the Guidera picture.

393 MR. RUBIN:

Yes.

394 MR. BLASIER:

And identifying the backing on the glove?

395 MR. RUBIN:

Yes, I did.

396 MR. BLASIER:

Can we back it out, make it a little clearer, please?

397 MR. BLASIER:

Your testimony, that you can tell that backing was made with a particular configuration of three needles?

398 MR. RUBIN:

It appears to have a ridge in the middle--the reason I came up with that is, it appears to have a ridge or a high, low in the middle of each point, and that's what gave me indication that it was three needles. There has to be a needle on the right, a needle on the left, and because it has a ridge look, I think there's a needle in the middle, and that's what gave me that conclusion.

399 MR. BLASIER:

You see that as two lower lines and a ridge in the middle?

400 MR. DARDEN:

Objection, your Honor. He didn't look at it on the elmo.

401 THE COURT:

Overruled.

402 MR. RUBIN:

You have to remember, I've had the opportunity to look under this photo with a magnifying glass--

403 MR. BLASIER:

Mr. Rubin, we're talking about these pictures that the Prosecution offered. Are you telling me from that picture that you can see three lines of stitching?

404 MR. DARDEN:

Objection, your Honor.

405 MR. RUBIN:

From this picture, I can't see anything.

KEY QUOTE
406 THE COURT:

Overruled.

407 MR. BLASIER:

How about from the picture itself?

408 MR. RUBIN:

From this picture, I see a ridge in the middle of the point, which indicates the third needle.

409 MR. BLASIER:

Now, just so we're clear, you're saying that in that picture--or are you saying that you can identify for each of those three lines in the backing, that each line has three needle stitches in it?

410 MR. RUBIN:

Left, right and center, yes.

KEY QUOTE
411 MR. BLASIER:

Now, is that something you can see in that picture?

412 MR. RUBIN:

In my opinion, I can see it.

413 MR. BLASIER:

Do you accept how other experts might differ with that?

414 MR. DARDEN:

Objection. That's argumentative.

415 THE COURT:

Sustained.

416 MR. BLASIER:

Now, in one of these pictures, in the Renken picture from `91, you identified water spots on the gloves?

417 MR. RUBIN:

That's correct.

418 MR. BLASIER:

There are no corresponding water spots on the evidence glove that correspond to the water spots on those gloves, correct?

419 MR. RUBIN:

I'd have to re-look at it again, but I don't think that I could even make any judgment regarding to those particular water spots as to how they relate to a glove today.

420 MR. BLASIER:

Well--all right. I asked you yesterday, did I not, that if you got water spots on a glove like that, they might stay there, right?

421 MR. RUBIN:

For a brief period of time.

422 MR. BLASIER:

Did you say "Brief period of time"?

423 MR. RUBIN:

Yes. I said to you that as the gloves were worn again and stretched out, they would dissipate.

KEY QUOTE
424 MR. BLASIER:

You didn't tell me that sometimes they would, sometimes they would stay?

425 MR. RUBIN:

To refresh your memory, Mr. Blasier, I also pointed out that if someone with these Aris lights gloves which were truly naked leather were to wipe their brow and get oil on their finger, the oil would stay on the glove for a brief period of time, but gradually as the person wore the gloves or moved their hands back and forth, the oil would dissipate.

426 MR. BLASIER:

You didn't tell me that water spots like that--you told me that they might dissipate, but they also might stay there, didn't you?

427 MR. RUBIN:

I don't remember saying that.

428 MR. BLASIER:

Your Honor, could we have frame 4748?

429 MR. BLASIER:

I'm sorry. I think I may have given you the wrong number. 4582. I'm sorry.

430 THE COURT:

Mr. Harris, do you need Mr. Fairtlough's assistance on finding that?

431 MR. HARRIS:

Well, they're not in any order, your Honor.

432 THE COURT:

Mr. Ormond, let's take this down until we find the right frame. Thank you. All right.

433 MR. BLASIER:

Remember looking at this frame before, Mr. Rubin?

434 MR. RUBIN:

Yes, I do.

435 MR. BLASIER:

Now, I believe on your direct testimony, you testified that from this picture, you can identify the Brossier stitching on the fingers. Did I--am I correct in that?

436 MR. RUBIN:

I don't believe I would have used this one for the Brossier stitching.

437 MR. BLASIER:

Okay. But you would use this one for the three lines on the back?

438 MR. RUBIN:

I believe this one was used for the palm vent on the left hand was the primary purpose.

439 MR. BLASIER:

Okay. Now, would you agree that the picture on the monitor is a lot better than the big screen?

440 MR. RUBIN:

Surely better from here, but not as good as the monitor in the back.

441 MR. BLASIER:

Do you see looking at the monitor what appears to be a bulge in the palm of that--Mr. Simpson's left hand under the glove?

442 MR. RUBIN:

I don't detect a bulge.

443 MR. BLASIER:

You cannot see a raised area, appears to be a raised area right in the palm between the thumb and the finger?

444 MR. RUBIN:

There's a shadowy effect. It could be slightly raised. I don't know--I really don't know what it means.

445 MR. BLASIER:

Do you know what a heat pack is?

446 MR. RUBIN:

Yes. I'm very familiar with it.

KEY QUOTE
447 MR. BLASIER:

And people use heat packs to put in the palms of their gloves to keep their hands warm, don't they?

448 MR. RUBIN:

I'm familiar with it.

449 MR. BLASIER:

And that's going to cause a glove to stretch, isn't it?

450 MR. RUBIN:

It could. I'm not familiar with what size heat pack we're talking about.

451 MR. BLASIER:

Okay.

452 MR. BLASIER:

You can take that down, please.

453 MR. BLASIER:

Now, I take it, Mr. Rubin, you would agree that you can exclude the gloves in the West pictures as being the evidence gloves in this case?

454 MR. RUBIN:

Due to the color, yes.

KEY QUOTE
455 MR. BLASIER:

And you can exclude the Romano gloves, correct?

456 MR. RUBIN:

They appear to be black also.

457 MR. BLASIER:

And you can exclude the Krueger pictures; can you not?

458 MR. RUBIN:

Same thing. Yes.

459 MR. BLASIER:

Now, I think your testimony was that you can read reading on whatever this is in the picture?

460 MR. DARDEN:

Objection. Misstates his testimony.

461 THE COURT:

You can answer the question.

462 MR. RUBIN:

I clearly stated that I could not read the writing on that tag.

463 MR. BLASIER:

All right. But you can see printing on it?

464 MR. RUBIN:

I can see that there is something on it. It appears to be printing. The tag, what I stated was, is in the shape of the Aris Ross patch label tag. It appears to be beige in color. It appears to have some kind of burgundy printing on it, which is the same as what was used on all Aris tags.

465 MR. BLASIER:

Now, looking at the Guidera picture again--can you see it from there--you indicated on direct, did you not, that you thought you could identify the Brossier stitching on the fingers in that picture; did you not?

466 MR. RUBIN:

On the left hand on the top ridge of the finger is a very fine ridge, and that would be the only spot that I could detect it from that glove.

467 MR. BLASIER:

Can you come and show me where you're pointing or where you're indicating?

468 MR. RUBIN:

Top left (Indicating).

469 THE COURT:

Is that the index finger?

470 MR. RUBIN:

Forefinger.

471 THE COURT:

Forefinger.

472 MR. BLASIER:

Your Honor, could we have one of your little arrows or--may I put a stick-um on this? I'll put it right above here (Indicating).

473 MR. BLASIER:

You're talking about the first finger where you see a ridge that you can identify as the Brossier stitch?

474 MR. RUBIN:

At--no. At the end of the finger, there's a very fine ridge, fine line which appears to be similar to a Brossier stitch.

475 MR. BLASIER:

Well--

476 MR. RUBIN:

And that's why I'm saying it's a Brossier stitch.

477 MR. BLASIER:

So from my arrow actually looking at the end of the finger itself?

478 MR. RUBIN:

No. I would put the arrow over here toward this edge (Indicating).

479 MR. BLASIER:

I mean--yeah. The end of the finger?

480 MR. RUBIN:

End of the finger.

481 MR. BLASIER:

Okay. And can you see a ridge there that enables you to identify that that's 22 stitches per inch?

482 MR. RUBIN:

I cannot see 22 stitches in that one specific spot, no.

483 MR. BLASIER:

But you've identified this as the Brossier stitch; have you not?

484 MR. RUBIN:

It's similar to what a Brossier stitch looks like, yes.

KEY QUOTE
485 MR. BLASIER:

Now, you indicated before that you were able--in your mind, you were able to make a positive identification of that style glove from that picture alone; did you not?

486 MR. RUBIN:

I didn't say that. What I said was, the elements that I could see were part of the element that make up style 70263; and, once again, there are no elements that lead me anywhere else.

487 MR. BLASIER:

Is it your testimony that a Brossier stitch is the only stitch that would look like that in that picture, in the Guidera picture?

488 MR. RUBIN:

Any other whip stitch would look similar. But someone like myself or someone who made a lot of Brossier sewn gloves or was very cognizant of what a Brossier sewn stitch looked like, it would look slightly different.

489 MR. BLASIER:

Is it accurate that you cannot offer any opinion at all as to the shades of the colors of the gloves in the pictures, the brown gloves vis-à-vis the evidence gloves?

490 MR. RUBIN:

I can make no attempt whatsoever to determine that the photographs as far as colorations, due to the fact that in my own experience, in making packaging as well as all the advertising that we did with various stores, that we never really were able to get the color of the gloves correctly in print, packaging, et cetera--I wouldn't make any conclusion regarding color in these photos.

491 MR. BLASIER:

Now, in this particular style, Aris actually had two different kinds of brown, correct?

492 MR. RUBIN:

That's correct.

493 MR. BLASIER:

And one was called a brown, the other was called a mink?

494 MR. RUBIN:

That's correct.

495 MR. BLASIER:

Were there any other terms used for those?

496 MR. RUBIN:

Mink or medium brown.

497 MR. BLASIER:

The--what color are the evidence gloves?

498 MR. RUBIN:

Brown.

499 MR. BLASIER:

As opposed to medium brown?

500 MR. RUBIN:

Or mink, yes.

501 MR. BLASIER:

And how about the--did you see any pictures--well, let me ask you this. Can you tell whether the pictures that you saw that you testified about are brown or mink?

502 MR. RUBIN:

They're all within the brown family, but no two pictures are alike from any of the photographers.

503 MR. BLASIER:

So from the brown pictures in the photographs, you can't say that they are the same shade or the same--necessarily the same color as the evidence gloves; is that correct?

504 MR. RUBIN:

To my best recollection, the color mink was so reddish and lighter in color that it would not be--in any of the photos would they be mink. These photos all reflect brown gloves that I've been shown.

505 MR. BLASIER:

Okay. So none of the photos that you've seen in your opinion could be mink?

506 MR. RUBIN:

That's correct.

507 MR. BLASIER:

Do you remember when you gave a statement to the Prosecutors on August 29th?

508 MR. RUBIN:

Over the phone?

509 MR. BLASIER:

Yeah.

510 MR. RUBIN:

That's correct.

511 MR. BLASIER:

Did you know that was being taped?

512 MR. RUBIN:

Yes.

513 MR. BLASIER:

Did you know that they made a transcript of it?

514 MR. RUBIN:

Yes.

515 MR. BLASIER:

Have you seen that transcript?

516 MR. RUBIN:

I have not seen the transcript.

517 MR. BLASIER:

Do you remember when they were asking you that you had the--one of the Renken pictures, that's the umbrella pictures?

518 MR. RUBIN:

Yeah.

519 MR. BLASIER:

Brown glove?

520 MR. RUBIN:

Right.

521 MR. BLASIER:

They ask you what color it was? Remember what you said?

522 MR. RUBIN:

I--that color is the closest to mink of what mink would look like.

523 MR. BLASIER:

Do you remember what you said?

524 MR. RUBIN:

I don't remember a hundred percent.

525 MR. BLASIER:

Do you remember saying, "I'm not quite sure whether they are really what was called mink or dark brown, but they are definitely a shade of brown"?

526 MR. RUBIN:

I'll stand by that.

527 MR. BLASIER:

So when you were looking at these pictures on August 31st, you weren't sure whether they were mink or brown, were you?

528 MR. DARDEN:

Objection. "These pictures"--

529 MR. BLASIER:

The Renken pictures.

530 THE COURT:

Sustained. Rephrase the question.

531 MR. BLASIER:

When you were looking at the Renken pictures, you had them on your end of the phone, you were talking to the Prosecution on their end of the phone, you told them you couldn't tell whether that was brown or mink, correct?

532 MR. RUBIN:

That's what I said.

533 MR. BLASIER:

Now you're coming here and your testimony--you're now saying can't be mink; is that right?

534 MR. RUBIN:

Well, the reason I'm saying that is because I actually called the photographer myself to ask him about the coloration, and he more or less led me toward the indication that his color was slight--could be slightly off.

535 MR. BLASIER:

You thought they might have been mink when you saw them before. It's the same picture, isn't it?

536 MR. RUBIN:

Could be.

537 MR. BLASIER:

It is the same picture, isn't it?

538 MR. RUBIN:

I believe it's the same or a copy.

539 MR. BLASIER:

You testified on direct here today that in your opinion, the gloves in these pictures are a snug fit on Mr. Simpson?

540 MR. RUBIN:

That's correct.

541 MR. BLASIER:

I ask you to look again at the Guidera picture. Would you agree that the leather seems to be bunched up around the fingers?

542 MR. RUBIN:

On the right hand in that particular picture, his hand is arched slightly backward, and that's the effect you would get on a leather glove. On the left hand, it appears to be more like a normal snug fit.

543 MR. BLASIER:

Would you agree that between the Guidera picture and the Renken picture three years earlier, the gloves appear to be bigger in the Guidera picture on Mr. Simpson's hands?

544 MR. RUBIN:

I think I would be speculating.

545 MR. BLASIER:

You're not willing to make any kind of assessment from looking at the photographs on that point?

546 MR. RUBIN:

It appears that in the Renken picture, Mr. Simpson has his hand a little farther around the microphone, his knuckles are a little bit over, little more to the left of the photos. It would be difficult to say that I could tell the difference between the exact fit between the two photos.

547 MR. BLASIER:

Isn't it your opinion that the gloves in the pictures that you've been shown in this case are either a regular extra large that fit Mr. Simpson or an oversized extra large?

548 MR. RUBIN:

That's correct.

549 MR. BLASIER:

So from the pictures, they appear to be possibly too big for him?

550 MR. RUBIN:

Yes.

551 MR. BLASIER:

There are no pictures where the gloves appear to be too small for him. Would you agree with that?

552 MR. RUBIN:

The only thing that you see in the pictures regarding small is on the shortness where he wears the gloves. But I don't see anything in the finger area that indicates they're too small or around the back of the palm.

553 MR. BLASIER:

Your Honor, could we have the Bloomingdales receipt? Do you still have it?

554 THE COURT:

All right. Mr. Blasier, what exhibit is that?

555 MR. BLASIER:

This is 372-B. Actually, let me use 372--I'm trying to figure out which one's better. Let me try 372-B.

556 THE COURT:

Mr. Blasier, 2:30.

557 MR. BLASIER:

Okay.

558 MR. BLASIER:

Now, Mr. Rubin, you've seen this receipt before; have you not?

559 MR. RUBIN:

Yes, I have.

560 MR. BLASIER:

And can you tell from that receipt, let's assume they were gloves, what color they are?

561 MR. RUBIN:

No, I cannot.

562 MR. BLASIER:

Can you tell what size they are?

563 MR. RUBIN:

No, I cannot.

564 MR. BLASIER:

There were I think you testified a thousand dozen or 12,000 pairs of gloves that were ordered by Bloomingdales for this particular season, correct?

565 MR. RUBIN:

That's correct.

566 MR. BLASIER:

All that--would that have the same style number?

567 MR. RUBIN:

That's correct.

568 MR. BLASIER:

And you had been producing those gloves with those same characteristics for 10 years?

569 MR. RUBIN:

Not 10 years.

570 MR. BLASIER:

From 19--sorry. As of 90', it had been eight years, correct?

571 MR. RUBIN:

Yes.

572 MR. BLASIER:

And then they produced them for several years after that?

573 MR. RUBIN:

I believe about a year and a half.

574 MR. BLASIER:

Now, I think you indicated when you testified before that they started slow and then increased to a thousand dozen a year for a period of time. Is it fair to say that a rough estimate of the number of these gloves sold to Bloomingdales during that period of time was 40-, 50,000 pair?

575 MR. RUBIN:

No. No. I would say, if I had to speculate, that the quantity was more in the range of around 2500 dozen for an eight-year period with the bulk of it being in the last two.

576 MR. BLASIER:

And 2500 dozen is--

577 MR. RUBIN:

30,000 pair.

578 MR. BLASIER:

30,000 pair. And 10,000 pair--12,000 pair in the last year?

579 MR. RUBIN:

That was what was originally contracted for. I'm not sure if they took them all in for sale.

580 MR. BLASIER:

So are we talking 40-, 50,000 pair maybe?

581 MR. DARDEN:

Objection. That misstates the testimony.

582 THE COURT:

Overruled.

583 MR. RUBIN:

I think it's closer to 30-, 35,000 pair totally from the time they started buying them until the time I left in 1990.

584 MR. BLASIER:

And how many different colors are there?

585 MR. RUBIN:

I believe we made five.

586 MR. BLASIER:

And how many different sizes?

587 MR. RUBIN:

Four.

588 MR. BLASIER:

So would it be fair to say that there were 20 different combinations of that style number that you could get?

589 MR. RUBIN:

There were 20 SKU's.

590 MR. BLASIER:

So 20 different possibilities that someone could purchase if they bought those gloves?

591 MR. RUBIN:

Size and color.

592 MR. BLASIER:

Only one of which would be extra large brown?

593 MR. RUBIN:

That's correct.

594 MR. BLASIER:

The other 19 would be something different than the evidence gloves, correct?

595 MR. RUBIN:

That's correct.

596 MR. BLASIER:

And you had no way of knowing whether these are receipts for that one out of 20 or something in the 19 out of 20, correct?

597 MR. RUBIN:

I do not.

598 MR. BLASIER:

Now, this receipt doesn't even have the style number, 70263, does it?

599 MR. RUBIN:

No, it does not.

600 MR. BLASIER:

So if you accept that the receipt is accurate, these aren't for Aris Isotoner leather lights, are they?

601 MR. RUBIN:

I think that this has been covered in previous testimony in--

602 MR. BLASIER:

I'll give you a chance to explain it, but the question is, if you look at the receipt and look at the numbers, that's something other than Aris leather lights, correct?

603 MR. DARDEN:

Misleading the jury. Objection. Misstates the testimony.

604 THE COURT:

Overruled. The jury sat through this.

605 MR. RUBIN:

That particular style--

606 THE COURT:

Hold on. Hold on. Ask another question.

607 MR. BLASIER:

You can't testify whether these are Aris lights from this receipt, can you?

608 MR. RUBIN:

I actually can, but no one else except the buyer and myself could because the receipt states the manufacturer, the fact that it's leather and the price, and the only thing sold at Bloomingdales that year at that price happened to be the Aris light style.

609 MR. BLASIER:

How do you know that?

610 MR. RUBIN:

Upon review with the actual buyer of all the styles that were sold to Bloomingdales by Aris that year, all the gloves retailed at different price points.

611 MR. BLASIER:

Did you hear Miss Vemich's testimony about whether there were other gloves on sale for that price?

612 MR. RUBIN:

Yes. After I--after she testified though.

KEY QUOTE
613 MR. BLASIER:

Would you agree that she would have more information about that than you would?

614 MR. RUBIN:

Not necessarily in regard--no, I would not.

615 MR. BLASIER:

In order to assume that that receipt is for Aris leather lights, you have to assume that some mistake was made, correct?

616 MR. RUBIN:

That's correct.

617 MR. BLASIER:

And you have to assume that what should have been on there was something other than what was put on there?

618 MR. RUBIN:

That's correct.

619 MR. BLASIER:

You cannot say, can you, Mr. Rubin, that whatever this receipt is for is the evidence gloves in this case, correct?

620 MR. RUBIN:

No, I cannot.

621 MR. BLASIER:

You cannot say that whatever is in that receipt is in any of these pictures, can you?

622 MR. RUBIN:

No, I cannot.

623 MR. BLASIER:

You have no information about the habits of Nicole Brown Simpson with respect to buying gloves for other people, do you?

624 MR. RUBIN:

Absolutely not.

625 MR. BLASIER:

You cannot say, can you, Mr. Rubin, that the gloves in the pictures that you've seen are pictures of the gloves in evidence, can you?

626 MR. RUBIN:

I can only state that they are the same style and color. I cannot state that they are the same pair.

627 MR. BLASIER:

Now, I believe you identified the lining in the Romano gloves--

628 THE COURT:

Romano photos.

629 MR. BLASIER:

I'm sorry?

630 THE COURT:

Romano photos.

631 MR. BLASIER:

--Romano photo, you've identified that lining as cashmere?

632 MR. RUBIN:

Yes, I did.

633 MR. BLASIER:

Doesn't 100 percent wool look very similar to that?

634 MR. RUBIN:

No, it doesn't.

635 MR. BLASIER:

How about a combination of wool and cashmere?

636 MR. RUBIN:

It would look slightly lighter.

637 MR. BLASIER:

Slightly lighter in color?

638 MR. RUBIN:

Yes.

639 MR. BLASIER:

So you're stating unequivocally this is cashmere because of the lighting in this photograph?

640 MR. RUBIN:

It appears to be a darker shade of brown than I'm used to seeing in a combination wool and cashmere blend, and for sure, it is not a wool blend.

641 MR. BLASIER:

So now you're giving us an opinion based on the shades in the photograph--

642 MR. RUBIN:

I'm only comparing the shade to the shell of the glove. If we're going on the basis that the glove is black, I'm comparing the shading of the lining to the glove.

643 MR. BLASIER:

Could it be a synthetic acrylic?

644 MR. RUBIN:

It--I have not seen acrylic that looks like that, but anything is possible.

645 MR. BLASIER:

You have made no effort other than contacting two glove companies to find out if there are other gloves out there that have the same characteristics as these Aris leather lights, have you?

646 MR. DARDEN:

Asked and answered, your Honor.

647 THE COURT:

Overruled.

648 MR. RUBIN:

I have not contacted--I don't know--let me just say this. I do not know of any other people to call other than the two largest competitors to Aris.

649 MR. BLASIER:

You don't know how to find all of these hundred or so other glove companies around the world?

650 MR. RUBIN:

If you--do you want to pay me to do that? I'll be glad to do it.

651 MR. BLASIER:

You know where they are, don't you, Mr. Rubin?

652 MR. RUBIN:

I really do not know where they are. I would go to Milan, I would go to Naples and I would start to find out where all those companies are, but I'm not going to do that on my own.

653 MR. BLASIER:

And you made no effort to do that, did you?

654 MR. RUBIN:

No, I did not.

655 MR. BLASIER:

No further questions.

656 THE COURT:

Mr. Darden.

657 MR. DARDEN:

Thank you, your Honor. May I put 372-A on the elmo, your Honor?

REDIRECT EXAMINATION BY MR. DARDEN

658 MR. DARDEN:

Let's focus on the right-hand side of the--looking at your monitor, sir, do you see where it indicates "Muffler," indicates that a muffler was purchased at Bloomingdales on December 18, 1990?

659 MR. RUBIN:

Yes.

660 MR. DARDEN:

At the same time that Nicole Brown purchased two pairs of gloves?

661 MR. RUBIN:

Yes.

662 MR. BLASIER:

I'm going to object. That misstates the exhibit. I don't see "Muffler" on it.

663 MR. DARDEN:

All the way to the right.

664 THE COURT:

It's on there.

665 MR. BLASIER:

It's on the receipt?

666 THE COURT:

Hold on. Hold on. There was testimony to that. Next question.

667 MR. DARDEN:

Okay. You understand that is an exhibit in this case?

668 MR. RUBIN:

Yes.

669 MR. DARDEN:

Take that down, please.

670 MR. DARDEN:

Let's go to frame--let me ask you to look at that photograph.

671 MR. RUBIN:

Yes.

672 MR. DARDEN:

Do you understand this was a photograph from January 6th or 5th, 1992?

673 MR. RUBIN:

It's a video.

674 MR. DARDEN:

Okay.

675 THE COURT:

That's frame number 25862.

676 MR. DARDEN:

Is the Defendant wearing a muffler in this photograph?

677 MR. RUBIN:

Yes, he is.

678 MR. DARDEN:

That's the thing around his neck?

679 MR. RUBIN:

Yes, it is.

680 MR. DARDEN:

Does it appear to be brown?

681 MR. RUBIN:

Yes, it is.

682 MR. DARDEN:

And the gloves he's wearing, do they appear to be brown?

683 MR. RUBIN:

Yes, they appear to be.

684 MR. DARDEN:

You don't know whether or not Nicole Brown purchased the Defendant a muffler and two pairs of gloves on December 18, 1990 at Bloomingdales, do you?

685 MR. BLASIER:

Objection. Speculation.

686 THE COURT:

Sustained.

687 MR. DARDEN:

When you first saw the photographs that you were shown and those photographs that were sent to you, you looked at those photographs under a magnifying glass; is that correct?

688 MR. RUBIN:

Yes, I did.

689 MR. DARDEN:

You wanted to be certain of your opinion?

690 MR. BLASIER:

Objection. Leading.

691 THE COURT:

Sustained. Rephrase the question.

692 MR. DARDEN:

Did you want to be sure that you were correct when you gave an opinion?

693 MR. RUBIN:

Yes, I did.

694 MR. DARDEN:

And toward that end, you called a couple of manufacturers, glove manufacturers?

695 MR. RUBIN:

Yes, I did.

696 MR. DARDEN:

You contacted one of the photographers, a Mr. Renken?

697 MR. RUBIN:

Yes, I did.

698 MR. DARDEN:

And why did you contact Mr. Renken?

699 MR. RUBIN:

I basically just wanted to find out how accurate his color was. I think it varied because the gloves were like a medium brown. They weren't as light as what mink was. But then again, if it was really mink in the picture and his color was dark, they could have been mink. But basically he indicated that he could be absolutely off. So I just ignored it plus or minus.

700 MR. BLASIER:

Objection. Hearsay.

701 THE COURT:

Overruled.

702 MR. DARDEN:

And this is information you wanted to have so you could make sure that you provided this jury with the most accurate testimony that you could?

703 MR. BLASIER:

Objection.

704 THE COURT:

Sustained.

705 MR. DARDEN:

Were you interested in providing this jury with the most accurate testimony that you could?

706 MR. RUBIN:

Absolutely.

707 MR. DARDEN:

And the most honest testimony that you could?

708 MR. RUBIN:

Yes.

709 MR. DARDEN:

Would you agree that the best test to determine whether or not the gloves in the photographs are mink or brown is to have the jury take a look at those photographs and compare them to the crime scene gloves and the new gloves tried on by the Defendant?

710 MR. BLASIER:

Objection. No foundation.

711 THE COURT:

Overruled.

712 MR. RUBIN:

At this point in time, the crime scene gloves are almost unrecognizable as far as color, size, texture. It would be very difficult to compare them. However, newer gloves or less used gloves, I think it would be important that the jury see the stitching up close on the gloves.

713 MR. DARDEN:

Let me show you what's been marked 401, one of the newer gloves that the Defendant tried on. What color is that glove?

714 MR. RUBIN:

Brown.

715 MR. DARDEN:

Can we have the jury take a look at 401 as well as one of the Renken photographs to compare the color?

716 THE COURT:

Which Renken photograph?

717 MR. DARDEN:

Which one would you prefer?

718 MR. DARDEN:

This would be 606-B.

719 THE COURT:

All right. And you want the jury to look at the photograph and compare the brown glove?

720 MR. DARDEN:

Yes.

721 THE COURT:

401.

722 MR. DARDEN:

Yes.

723 THE COURT:

All right. Hand it to juror no. 1, please.

724 MR. DARDEN:

Before I do that, the crime scene gloves, do they appear to be brown also?

725 MR. RUBIN:

Yes, they are.

726 THE COURT:

All right. After we complete the view and examination by the jury, we'll take a brief recess. Mr. Darden.

727 MR. DARDEN:

I'm sorry?

728 THE COURT:

As soon as the jury completes their examination, comparison of the photograph and 401, we'll take our mid-afternoon recess.

729 MR. DARDEN:

Okay.

730 MS. CLARK:

Your Honor, while we are doing that, Mr. Fairtlough has a correct label. May we--thank you.

731 MR. DARDEN:

May I confer?

732 THE COURT:

Why don't you do that at the break.

733 THE COURT:

All right. Mr. Darden, would you collect those items from Deputy Long, please. No. I'm just asking you to collect the items from Deputy Long. All right. Ladies and gentlemen, we're going to take our mid-afternoon recess. Remember all my admonitions to you. Mr. Rubin, you may step down. You're ordered to come back in 15 minutes.

Temperature

tense

Key Quotes (5)

Richard Rubin
Maybe I can make it to the victory party!!
Read aloud from Rubin's July 6th letter to the prosecution, this line is the centerpiece of Blasier's impartiality attack — suggesting Rubin viewed himself as part of the prosecution team.
Richard Rubin
At your convenience, could you obtain business cards from all the members of your staff as I want to make one, only one piece for my office as memorabilia of my experience. Please include Mr. Hodgman and Miss Clark.
Further evidence of Rubin's alignment with the prosecution; Blasier uses this to suggest he was 'currying favor' despite denying it moments earlier.
Richard Rubin
From this picture, I can't see anything.
Rubin admits he cannot see the detail he relied on when the Guidera photo is displayed on the courtroom monitor — undermining the evidentiary weight of his identification.
Richard Rubin
I'm not quite sure whether they are really what was called mink or dark brown, but they are definitely a shade of brown.
Rubin's own prior statement (from an August 29th taped call with prosecutors) contradicts his trial testimony that the Renken photos could not possibly show the 'mink' variant of the glove.
Richard Rubin
Yes.
Rubin concedes, after sustained pressure, that from the photos the gloves appeared to be 'possibly too big' for Simpson — directly undermining the prosecution's fit argument.

Evidence (9)

People's 612-B
Guidera photograph of OJ Simpson wearing dark gloves
displayed on ELMO; Blasier challenges Rubin's ability to identify Brossier stitching from it
People's 372-B
Bloomingdale's receipt for glove purchase
discussed; Rubin confirms he cannot determine color or size from the receipt
Defense 1372
Flyer for Bonis BG12 Golden Series sewing machine, dated 1995
marked for identification; used to challenge Rubin's claim that Brossier-type stitching is rare
Defense 1373
Diagram showing various glove silking/stitching configurations
marked for identification and displayed on ELMO; Rubin admits he cannot identify which pattern corresponds to the Aris 70263
Informal
Rubin's July 6th letter to the prosecution (containing 'victory party' line and memorabilia request)
read into record by Blasier; used as primary credibility attack
Informal
August 29th taped phone statement from Rubin to prosecutors regarding the Renken photos
transcript referenced to impeach Rubin's trial testimony about glove color (brown vs. mink)
+ 3 more

Notable Exchanges (6)

Robert BlasierRichard Rubin
Blasier reads aloud Rubin's July 6th letter to the prosecution, which includes a request to attend the 'victory party' and to collect business cards from the prosecution team for a personal memento. Rubin insists the victory party comment was 'jest' and that the memorabilia would be a single framed item — but the damage to his neutrality claim is visible.
devastating
Robert BlasierRichard Rubin
Blasier establishes that Rubin only contacted two other glove companies to verify whether Brossier stitching was unique to Aris — and that one of those two (Grand-O Gloves) confirmed they had produced a Brossier-stitched glove. Rubin never contacted European or Italian manufacturers despite acknowledging hundreds of small manufacturers exist there.
revealing
Robert BlasierRichard Rubin
Blasier asks Rubin to identify the Brossier stitching on the Guidera photo displayed on the courtroom monitor. Rubin admits 'from this picture, I can't see anything,' then walks up to the large printed photo and points to a 'fine ridge' at the fingertip — but cannot confirm it represents 22 stitches per inch.
undermining
Robert BlasierRichard Rubin
Blasier confronts Rubin with his own taped August 29th statement in which he told prosecutors he wasn't sure if the Renken gloves were 'mink or dark brown.' Rubin had just testified at trial that they definitely could not be mink. Rubin tries to explain by saying he later called the photographer, but cannot escape the inconsistency.
impeaching
Robert BlasierRichard Rubin
Blasier elicits from Rubin that, based on the photographs, the gloves appear to fit Simpson as a regular XL or oversized XL, and that 'from the pictures, they appear to be possibly too big for him.' Rubin confirms no photos show the gloves as too small.
strategic
Robert BlasierRichard Rubin
Hallway conversation dispute: Blasier asserts Rubin told him privately that the minimal lining wear suggested the owner had relatively small hands. Rubin disputes the characterization, insisting he spoke about what causes 'excessive wear vs. less wear' — not small hands specifically. The back-and-forth reveals what Rubin said off the record vs. on.
heated

Light Moments (2)

Richard Rubin
When asked whether New York gets 'real cold and wet,' Rubin responds: 'Unfortunately, in the last couple of years, it hasn't. But on occasion, it does.' — a dry aside about mild winters that drew a small break in tension.
Lance A. Ito
Judge Ito interrupts to ask Blasier to spell 'Zuckerware' for the court reporter mid-examination.

Credibility Attacks (5)

⚔ Richard Rubin
bias / prior written statement
Blasier reads Rubin's July 6th letter to the prosecution aloud, including a postscript asking for an invitation to the 'victory party' and requesting business cards from prosecution staff for personal memorabilia — directly contradicting his opening denial of any agenda or favoritism.
⚔ Richard Rubin
prior inconsistent statement
Rubin's August 29th taped call to prosecutors is used to show he told them he was 'not quite sure' whether the Renken photos showed mink or brown gloves — contradicting his trial testimony that they could definitively not be mink.
⚔ Richard Rubin
inadequate foundation / scope of investigation
Blasier establishes that Rubin checked only two companies for Brossier stitching exclusivity, that one of them does use it, and that he never contacted European, Italian, or other global manufacturers — undermining his claim that the stitch is effectively unique to Aris.
⚔ Richard Rubin
impeachment by contradiction
Rubin claims on the stand he can identify the Brossier stitching from the Guidera photo, but when the same photo is put on the courtroom monitor he admits 'from this picture, I can't see anything' — caught contradicting himself in real time.
⚔ Richard Rubin
prior inconsistent statement (hallway conversation)
Blasier asserts Rubin told him privately that the minimal interior lining wear on the evidence gloves suggested the owner had smaller hands. Rubin denies using those exact words, creating a credibility dispute about what was said off the record.

Witness Demeanor

(Brief pause.) — multiple times during exhibit handling
(Discussion held off the record between Defense counsel.)
Rubin walks to the large display photo and physically points to the fingertip (Indicating) to demonstrate where he sees the Brossier stitch

Objections

24 objections (7 sustained, 15 overruled)
Proceeding 7631 • 733 utterances • Prosecution witness
Criminal Trial
Department 103
⚖️ Start
📂 SEP 12, 1995 📄 Cross-examination of Richard R
SEP 12, 1995 KRT DvH TD