Exhibits procedure discussion

📄 Exhibits procedure discussion — Tuesday, September 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\12\EXHIBITS-PROCEDURE-DISCUSSION.DOC

TRIAL

▲ Day 152 of 167

◀ Cross-examination of Richard Rubin Redirect examination of Richard Rubin ▶

Date: Tuesday, September 12, 1995 • Utterances: 8

A brief procedural exchange before resuming redirect examination of witness Rubin. Darden requested the jury be allowed to review exhibit 612 alongside exhibit 401 and crime scene photo 164-A to show the similarity between three gloves. Blasier objected on grounds that the exhibits had already been shown, but Ito overruled, noting the color issue had been raised.

# 1 (The following proceedings were held in open court, out of the presence of the jury:)

# 2 THE COURT:

All right. Back on the record in the Simpson matter. All parties are again present. The jury is not present. All right. Ready to conclude with Mr. Rubin?

# 3 MR. DARDEN:

Yes, your Honor. I only have a few more minutes of redirect. I'm going to ask however that the jury be allowed to review exhibit 612.

# 4 THE COURT:

Haven't we done that once before?

# 5 MR. DARDEN:

With 401 while--at the same time Mr. Rubin displays 164-A, one of the crime scene photographs so the jury can see, as I'm sure the court can see, that we're talking about three gloves that are very, very similar.

# 6 THE COURT:

All right.

# 7 MR. BLASIER:

I think each of those exhibits have been shown to them. They've heard the testimony. I would object to further demonstration.

KEY QUOTE

# 8 THE COURT:

Well, the issue of color has been clearly brought up though. All right. Let's have the jurors, Deputy Magnera.

KEY QUOTE

Temperature

procedural

Key Quotes (3)

Christopher Darden

we're talking about three gloves that are very, very similar

Core argument of the redirect — establishing visual similarity between the gloves to support the prosecution's theory

Robert Blasier

I think each of those exhibits have been shown to them. They've heard the testimony. I would object to further demonstration.

Defense attempting to prevent the jury from re-examining the glove comparison

Lance A. Ito

Well, the issue of color has been clearly brought up though.

Ito's rationale for overruling — color distinction made the re-display relevant

Evidence (3)

612

Glove exhibit

requested for jury review

401

Glove exhibit shown concurrently

referenced for comparison

164-A

Crime scene photograph

referenced for display alongside glove exhibits

Notable Exchanges (1)

Christopher Darden•Robert Blasier•Lance A. Ito

Darden sought to show the jury three similar gloves side by side; Blasier objected as cumulative; Ito overruled citing the color issue

strategic

Objections

1 objections (0 sustained, 1 overruled)

Proceeding 7611 • 8 utterances

Criminal Trial

Department 103