Recross-examination of Richard Rubin

📄 Recross-examination of Richard Rubin — Tuesday, September 12, 1995

Address:

C:\DEPT103\CRIMINAL\1995\SEP\12\RECROSS-EXAMINATION-OF-RICHARD.DOC

TRIAL

▲ Day 152 of 167

◀ Redirect examination of Richard Rubin Sidebar ▶

Witness: Richard Rubin
Examiner: Robert Blasier
Called by: Prosecution • Date: Tuesday, September 12, 1995 • Utterances: 57

Defense attorney Blasier conducted a brief but pointed recross of glove expert Richard Rubin, pressing him on contradictions between his earlier statement that the crime scene gloves were 'almost unrecognizable as far as color' and his current claim that he could still identify the shade. Blasier also challenged Rubin on the heat pack shrinkage theory and his thoroughness in researching alternative glove manufacturers, ending with a sharp rhetorical jab implying Rubin stopped investigating to stay in the prosecution's good graces.

# 1 THE COURT:

Mr. Blasier, do you have any recross?

# 2 MR. BLASIER:

I do, your Honor.

RECROSS-EXAMINATION BY MR. BLASIER

# 3 MR. BLASIER:

Mr. Rubin, it's your testimony that in your opinion, the evidence glove is the same shade as this other glove?

# 4 MR. RUBIN:

Very close.

# 5 MR. BLASIER:

And you can tell that much about the color of the evidence glove?

# 6 MR. RUBIN:

The back of the evidence glove I was using as a reference.

# 7 MR. BLASIER:

You feel you can tell that much about the color of the evidence glove?

# 8 MR. RUBIN:

I can only tell you what I see.

KEY QUOTE

# 9 MR. BLASIER:

You remember when Mr. Darden just started his redirect before the break, you remember stating, "At this point in time, the crime scene gloves are almost unrecognizable as far as color"?

# 10 MR. RUBIN:

That's correct. That's what I said.

# 11 MR. BLASIER:

Now, right before the break, we passed to the jury the Renken picture and 401. Do you recall that?

# 12 MR. RUBIN:

Yes, I do.

# 13 MR. BLASIER:

And is your opinion that the shade of gloves in 401 is the same as the Renken picture?

# 14 MR. RUBIN:

From this photo? The--

# 15 MR. BLASIER:

Yes.

# 16 MR. RUBIN:

--the actual shade is a little washed out because of the flash, but I can detect a little bit more of the color by seeing the difference in the raindrops and whatever. But it's not exactly as--it doesn't appear in the picture to be as dark as this in the picture.

# 17 MR. BLASIER:

This is picture no. 4758 that you were shown; is it not? It's written on the back.

# 18 MR. RUBIN:

That's correct.

# 19 MR. BLASIER:

On August 31st, when you were interviewed by the Prosecution, which picture was it that you thought might be mink?

# 20 MR. RUBIN:

I believe it was 4758 and 4748.

# 21 MR. BLASIER:

Same picture, right?

# 22 MR. RUBIN:

Yes.

# 23 MR. BLASIER:

Heat packs. As I understand your testimony, you think that if you have a heat pack inside the palm of your glove, that would cause the glove to shrink if it was wet?

# 24 MR. RUBIN:

I'm not qualified or knowledgeable enough about heat packs to tell the effect. If there is "X" amount of excessive heat and the gloves were wet, the two worst elements that would make a glove shrink are being wet and then having excessive heat. And what I mean by excessive heat is anything above normal 68 to 72 degrees.

# 25 MR. BLASIER:

The gloves are on your hand and your heat pack is in the palm and it causes the gloves to dry before they're taken off. They're not going to shrink while they're on your hand with the heat pack in there, are they?

# 26 MR. DARDEN:

Objection. No foundation.

# 27 MR. BLASIER:

Are they?

# 28 MR. BLASIER:

I'm sorry.

# 29 THE COURT:

You can answer the question.

# 30 MR. RUBIN:

I wouldn't think so.

# 31 MR. BLASIER:

So wouldn't you agree that the heat pack is going to cause the gloves to dry quicker before they're taken off so that they're not likely to shrink when they're taken off?

# 32 MR. DARDEN:

Objection. No foundation.

# 33 THE COURT:

Can you answer the question?

# 34 MR. RUBIN:

It's possible.

# 35 MR. BLASIER:

Now, the Renken pictures and the Guidera pictures are three football seasons apart, aren't they?

# 36 MR. RUBIN:

I believe they are.

# 37 MR. BLASIER:

And there's no sign of any shrinkage at all. In fact, the Guidera picture, the gloves look bigger, don't they?

# 38 MR. DARDEN:

Objection. That calls for speculation.

# 39 THE COURT:

Overruled.

# 40 MR. DARDEN:

Compound.

# 41 THE COURT:

It is. Rephrase the question. Hold on. Rephrase the question.

# 42 MR. BLASIER:

The Guidera gloves at least from the picture look bigger than the Renken gloves, don't they?

# 43 MR. RUBIN:

It's very difficult for me to establish the exact size of the gloves in the Guidera picture. I've seen many Renken pictures. I have a better feeling, and I also have seen video during the same game of the Renken pictures. So I have a much better grasp on that particular date and time.

# 44 MR. BLASIER:

Now, you've testified that you've been the most accurate and the most honest that you can?

# 45 MR. RUBIN:

I've done my best.

# 46 MR. BLASIER:

Now, in your search for accuracy and completeness, have you tried to be as complete as possible?

# 47 MR. DARDEN:

Objection. That's argumentative.

# 48 THE COURT:

Sustained. Rephrase the question. It's vague.

# 49 MR. BLASIER:

After you called the second glove company and found out that they had this equipment, you stopped looking, didn't you?

# 50 MR. DARDEN:

Asked and answered, Judge.

# 51 THE COURT:

Sustained. Sustained. It's already been asked.

# 52 MR. BLASIER:

Were you concerned that if you looked any further, you might not be invited to the victory party?

KEY QUOTE

# 53 MR. RUBIN:

That's ridiculous.

# 54 MR. DARDEN:

You know, this is--

# 55 MR. BLASIER:

No further questions.

# 56 THE COURT:

Anything else, Mr. Darden?

# 57 MR. BLASIER:

Subject to recall.

Temperature

tense

Key Quotes (3)

Robert Blasier

Were you concerned that if you looked any further, you might not be invited to the victory party?

A calculated closing attack on Rubin's impartiality, implying he tailored his investigation to favor the prosecution. Rubin's dismissive response ('That's ridiculous') and Darden's visible frustration signal the line landed.

Richard Rubin

At this point in time, the crime scene gloves are almost unrecognizable as far as color.

Blasier forces Rubin to confirm his own earlier statement, which directly undercuts his current testimony that he could reliably assess the glove's shade.

Richard Rubin

I can only tell you what I see.

Rubin's hedged response to repeated pressure about his color assessment — concedes the limits of his observation without fully retreating.

Evidence (4)

401

Photograph of gloves passed to jury before the break

discussed

Informal

Renken picture — photo of OJ Simpson wearing gloves at a football game

discussed, used to compare shade and size

Informal

Guidera picture — another game photo, three football seasons after Renken

discussed, compared to Renken for evidence of shrinkage

Informal

Picture no. 4758 (and 4748) — photos Rubin thought might show mink gloves during August 31st prosecution interview

discussed

Notable Exchanges (3)

Robert Blasier•Richard Rubin

Blasier confronts Rubin with his own prior statement that the crime scene gloves were 'almost unrecognizable as far as color,' then immediately asks how he can confidently assess their shade — a direct contradiction Rubin cannot fully resolve.

strategic

Robert Blasier•Richard Rubin•Christopher Darden

Blasier argues that heat packs would dry gloves while still on the hand, preventing shrinkage — Rubin concedes 'I wouldn't think so' and 'it's possible,' walking back the prosecution's shrinkage theory. Darden objects twice on foundation but is overruled/ignored.

revealing

Robert Blasier•Richard Rubin

Blasier closes by asking if Rubin stopped researching glove manufacturers to avoid jeopardizing his relationship with the prosecution. Rubin calls it 'ridiculous' and Darden begins to object but Blasier cuts off with 'No further questions.'

heated

Light Moments (1)

Robert Blasier

Blasier asks if Rubin stopped looking because he feared not being 'invited to the victory party' — a sardonic one-liner that briefly punctures the courtroom tension before he immediately rests.

Credibility Attacks (2)

⚔ Richard Rubin

prior inconsistent statement

Blasier uses Rubin's own words from earlier in the same session — that the crime scene gloves were 'almost unrecognizable as far as color' — to undermine his current claim that he could assess their shade with confidence.

⚔ Richard Rubin

bias / selective investigation

Blasier implies Rubin halted his search for alternative glove manufacturers once he found a result favorable to the prosecution, suggesting motivated reasoning rather than objective expert analysis.

Objections

6 objections (3 sustained, 1 overruled)

Proceeding 7613 • 57 utterances • Prosecution witness

Criminal Trial

Department 103