Motion: Rubin photograph testimony

📄 Motion: Rubin photograph testimony — Tuesday, September 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\12\MOTION-RUBIN-PHOTOGRAPH-TESTIM.DOC

TRIAL

▲ Day 152 of 167

◀ Scheduling discussion NBC videotape subpoena discussion ▶

Date: Tuesday, September 12, 1995 • Utterances: 14

Defense attorney Blasier makes a brief in limine motion asking that witness Rubin be restricted to testifying only about photographs and items already presented in court. Darden responds that the prosecution intends to show Rubin anything they can lay foundation for, and Ito notes that testifying about unseen items would be incompetent opinion anyway. The motion resolves without a formal ruling, with Blasier's real concern being that Rubin might volunteer information about materials not yet in evidence.

# 1 THE COURT:

All right. Mr. Blasier, any guess?

# 2 MR. BLASIER:

No, but I do have an in limine motion to make with respect to Mr. Rubin briefly.

# 3 THE COURT:

All right. We will hear it.

# 4 MR. BLASIER:

I would ask that he be limited in terms of looking at pictures or testifying about pictures, that he be limited to what has been presented and identified in court and not testify about pictures that aren't in court.

# 5 THE COURT:

Miss Clark. I'm sorry, Mr. Darden, any comment on that?

# 6 MR. DARDEN:

Well, we intend to show him anything we can lay the appropriate foundation for, Judge.

# 7 THE COURT:

Are there any other materials that have not been presented in court that Defense counsel has not had access to that you intend on using?

# 8 MR. DARDEN:

I don't believe so.

# 9 THE COURT:

All right. I see we have counsel from NBC with regards to the SDT's present in court.

# 10 MR. BLASIER:

I would ask that Mr. Rubin be instructed to not testify about things that he is not shown.

# 11 THE COURT:

What is the--it would be an incompetent opinion if he were to testify and give an opinion on items he has not seen or examined.

KEY QUOTE

# 12 MR. BLASIER:

Items that the jury has been presented with. He has seen other items. II don't want him blurting out about things that haven't been introduced.

# 13 MR. DARDEN:

We know what we are doing.

KEY QUOTE

# 14 MR. BLASIER:

I'm not sure Mr. Rubin does.

KEY QUOTE

Temperature

procedural

Key Quotes (4)

Robert Blasier

I don't want him blurting out about things that haven't been introduced.

Reveals Blasier's actual concern — not a legal technicality, but distrust that Rubin will volunteer damaging information beyond the scope of proper testimony.

Lance A. Ito

It would be an incompetent opinion if he were to testify and give an opinion on items he has not seen or examined.

Ito essentially disposes of the motion by noting the evidentiary rule already handles this — making a formal order unnecessary.

Christopher Darden

We know what we are doing.

Terse pushback that signals irritation at the defense's implied suggestion that the prosecution might improperly handle Rubin's testimony.

Robert Blasier

I'm not sure Mr. Rubin does.

A dry, pointed closing shot casting doubt on Rubin's reliability or discipline as a witness — the real subtext of the entire motion.

Evidence (1)

Informal

Photographs or items that Mr. Rubin has seen but that have not been introduced in court

discussed — defense seeks to exclude any testimony referencing them

Notable Exchanges (1)

Robert Blasier•Christopher Darden

Blasier presses for an instruction limiting Rubin to only introduced evidence; Darden dismisses the concern with 'We know what we are doing,' prompting Blasier's parting shot that Rubin may not.

strategic

Light Moments (1)

Robert Blasier

Blasier's final line — after Darden says 'We know what we are doing' — lands as dry wit: 'I'm not sure Mr. Rubin does.' A small but pointed dig at the witness before he even takes the stand.

Credibility Attacks (1)

⚔ Mr. Rubin

pre-testimony reliability challenge

Blasier implies Rubin lacks the discipline or awareness to limit his testimony to properly introduced evidence, planting doubt about his reliability before he testifies.

Objections

None recorded

Proceeding 7623 • 14 utterances

Criminal Trial

Department 103