Redirect examination of Richard Rubin

📄 Redirect examination of Richard Rubin — Tuesday, September 12, 1995

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C:\DEPT103\CRIMINAL\1995\SEP\12\REDIRECT-EXAMINATION-OF-RICHAR.DOC

TRIAL

▲ Day 152 of 167

◀ Exhibits procedure discussion Recross-examination of Richard Rubin ▶

Witness: Richard Rubin
Examiner: Christopher Darden
Called by: Prosecution • Date: Tuesday, September 12, 1995 • Utterances: 144

Christopher Darden conducts redirect examination of glove expert Richard Rubin, rehabilitating him after Blasier's cross by reinforcing that Rubin found no defects in the crime scene gloves, identified them based on multiple characteristics, and has no financial motive to testify. The examination ends with the jury physically examining exhibit 612 (the Guidera photograph) alongside the Rockingham glove and the glove OJ tried on for a side-by-side color comparison.

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

# 2 THE COURT:

All right. Thank you, ladies and gentlemen. Please be seated. All right. Let the record reflect we've been rejoined by all the members of our jury panel. Mr. Richard Rubin is again on the witness stand undergoing redirect examination by Mr. Darden. And, counsel, if you recollect, we need to conclude before the jury today at 4:00 o'clock due to some doctors' and dentist appointments.

# 3 MS. CLARK:

I only have five or six more minutes, your Honor, if that long.

# 4 THE COURT:

All right. Mr. Darden, you may proceed.

# 5 MR. DARDEN:

Thank you.

# 6 MR. DARDEN:

Mr. Rubin, you testified regarding the issue or on the issue of whether or not you saw any defects or anything unusual in the gloves shown in the photographs; is that correct?

# 7 MR. RUBIN:

That's correct.

# 8 MR. DARDEN:

Did you see anything unusual on the gloves shown in the photographs?

# 9 MR. RUBIN:

No, I did not.

# 10 MR. DARDEN:

You saw a shadow you say?

# 11 MR. RUBIN:

On a video.

# 12 MR. DARDEN:

Okay. Was there any defect at all in any of the brown gloves shown in the photographs shown to the jury that you saw?

# 13 MR. RUBIN:

Nothing that I could see.

# 14 MR. DARDEN:

And was there any defect that you saw in the Rockingham glove?

# 15 MR. RUBIN:

Nothing that I could see on the back.

# 16 MR. DARDEN:

How about the Bundy glove?

# 17 MR. RUBIN:

Nothing.

# 18 MR. DARDEN:

Okay. So there's no defect that you saw on the Rockingham or Bundy gloves shown in the photographs here in court today?

# 19 MR. RUBIN:

No. Nothing.

# 20 MR. DARDEN:

But you were checking to see?

# 21 MR. RUBIN:

I was looking, yes.

# 22 MR. DARDEN:

You were being careful?

# 23 MR. RUBIN:

I tried to be as careful as possible.

# 24 MR. DARDEN:

Do you have anything to gain by testifying in this case?

# 25 MR. RUBIN:

I really have no reason to be here.

# 26 MR. DARDEN:

You spent most of the lunch hour yesterday with Mr. Blasier, didn't you?

# 27 MR. RUBIN:

Yes, I did.

# 28 MR. DARDEN:

And did you speak with him after the jury left and after court adjourned yesterday?

# 29 MR. RUBIN:

Yes, I did.

# 30 MR. DARDEN:

And were you intending to speak with him again last night?

# 31 MR. RUBIN:

Yes, I was.

# 32 MR. DARDEN:

And toward that end, did you do anything to make yourself available to Mr. Blasier so that you could talk to him?

# 33 MR. RUBIN:

I got back to the room as early as possible because I was expecting a call.

# 34 MR. DARDEN:

From Mr. Blasier?

# 35 MR. RUBIN:

Yes.

# 36 MR. DARDEN:

Did the call come?

# 37 MR. RUBIN:

No, it did not.

# 38 MR. DARDEN:

How long did you wait in your room?

# 39 MR. RUBIN:

I stayed there all night.

KEY QUOTE

# 40 MR. DARDEN:

Have you spoken to the press or to any tabloid?

# 41 MR. RUBIN:

I've chosen really not to do anything in that manner whatsoever. I'm really just here to tell about the gloves in respect to all the details of the gloves, and that's really all I can bring to the table here.

# 42 MR. DARDEN:

Okay. And the Renken photograph that we just passed along to the jury, that was the photograph that--when you were concerned--where you were concerned about the mink or brown coloring; is that correct?

# 43 MR. BLASIER:

Objection. Asked and answered.

# 44 THE COURT:

Overruled.

# 45 MR. RUBIN:

Since day one, you're well-aware that I worked with you regarding my testimony here and I--

# 46 MR. BLASIER:

Objection. Nonresponsive.

# 47 THE COURT:

Sustained. Ask another question. The answer was nonresponsive.

# 48 MR. DARDEN:

When you saw photographs back in July, did you ask to see other photographs or additional photographs?

# 49 MR. RUBIN:

Yes.

# 50 MR. DARDEN:

Did you ask to see additional videotapes?

# 51 MR. RUBIN:

Yes, I did.

# 52 MR. DARDEN:

Did you ever ask to see other photographs with more clarity?

# 53 MR. RUBIN:

Yes, I did.

# 54 MR. DARDEN:

And why did you ask to see those things?

# 55 MR. RUBIN:

I wanted to be as accurate as possible in any statement that I might make before this court.

# 56 MR. DARDEN:

Now, you are from the state of New York; is that right?

# 57 MR. RUBIN:

I live in the New York area. That's correct.

# 58 MR. DARDEN:

And when you said that the crime scene gloves seemed to have been worn infrequently, what did you mean by that exactly?

# 59 MR. RUBIN:

I was somewhat surprised that with the wear and tear on the Rockingham glove, that the lining seemed so close in similarity to the Bundy glove when I first saw them for the first time because the Rockingham glove was very distorted and somewhat mutilated. I was actually somewhat taken by surprise when we did open up the glove and found out that it was a pair, and the only thing that connected the two was the same wear and tear in the lining, because there is a big difference currently between the Rockingham glove and the Bundy glove.

# 60 MR. DARDEN:

Now, you don't know what testing procedures, what tests were applied to the Rockingham and Bundy glove, do you?

# 61 MR. RUBIN:

I do not.

# 62 MR. DARDEN:

You don't know whether or not samples were cut out of the gloves?

# 63 MR. BLASIER:

Objection. No foundation.

# 64 THE COURT:

Sustained.

# 65 MR. DARDEN:

At any event, you don't know what, if anything, any criminalist may have done to these gloves; is that right?

# 66 MR. BLASIER:

Objection. No foundation.

# 67 THE COURT:

Overruled.

# 68 MR. RUBIN:

I do not. My observations were just part of the linings that I could see clearly, certain areas of the lining on both gloves.

# 69 MR. DARDEN:

Now, when you testified that the brown gloves shown in the photographs in the video were Aris style no. 70263, were you forming those opinions based solely on a single characteristic of the gloves that you saw?

# 70 MR. RUBIN:

No.

# 71 MR. BLASIER:

Objection. Asked and answered.

# 72 THE COURT:

Overruled.

# 73 MR. DARDEN:

Was it based on two characteristics?

# 74 MR. RUBIN:

Many characteristics.

# 75 MR. DARDEN:

And was it based on all the photographs and all the video that you saw?

# 76 MR. BLASIER:

Objection. Leading.

# 77 THE COURT:

Overruled.

# 78 MR. RUBIN:

My complete analysis of these photos was a collective effort. As we well know, there were many that I rejected because I couldn't see enough, and some of them were included in evidence here today, which was sufficient enough for me to state that these photos represent the characteristics that are part of style 70263.

KEY QUOTE

# 79 MR. DARDEN:

Mr. Blasier asked you about heat packs.

# 80 MR. RUBIN:

Yes, he did.

# 81 MR. DARDEN:

Would the use of a heat pack cause the glove to shrink or expand, that is assuming they were dry?

# 82 MR. RUBIN:

Technically, the worst thing that can affect the size of a glove is a combination of water and heat; generally water first, heat second. If the gloves were wet at any point in time and a heat pack--

# 83 MR. BLASIER:

Objection. No foundation.

# 84 THE COURT:

Sustained. Foundation.

# 85 MR. DARDEN:

Okay. Well, what would happen if there was a heat pack in the glove and the glove was wet?

# 86 THE COURT:

Foundation, counsel.

# 87 MR. DARDEN:

You've already testified about shrinkage and what causes gloves to shrink; is that correct?

# 88 MR. BLASIER:

Objection. Beyond the scope.

# 89 THE COURT:

Overruled.

# 90 MR. RUBIN:

Yes, I have.

# 91 MR. DARDEN:

You testified to the effect or impact water would have on gloves; is that correct?

# 92 MR. RUBIN:

That's correct.

# 93 MR. DARDEN:

And we see that in the January 6th, 1991 photograph and in the photograph we just showed the jury the brown gloves are wet; is that right?

# 94 MR. RUBIN:

Slightly wet.

# 95 MR. DARDEN:

Let's assume for a moment there was a heat pack in the glove, one of those gloves on January 6th, 1991 while the glove was wet. What effect would that have on the glove in terms of shrinkage?

# 96 MR. RUBIN:

Depending upon the amount of liquid and the location of the heat pack and the actual temperature of the heat pack, it could speed up some slight shrinkage.

# 97 MR. DARDEN:

And you can't tell us what effect blood will have on a glove in terms of whether it will cause it to shrink, and if so, how much, right?

# 98 MR. BLASIER:

Objection.

# 99 THE COURT:

Sustained.

# 100 MR. DARDEN:

Do you know what effect blood will have on these gloves in terms of shrinkage?

# 101 THE COURT:

Sustained.

# 102 MR. BLASIER:

Objection.

# 103 THE COURT:

Sustained.

# 104 (Discussion held off the record between the Deputy District Attorneys.)

# 105 MR. DARDEN:

I'm sorry. Can I have one moment, your Honor?

# 106 (Discussion held off the record between the Deputy District Attorneys.)

# 107 MR. DARDEN:

Miss Clark has asked me to ask you when football season ends. Do you know?

# 108 MR. RUBIN:

I'm very familiar with the football season since we advertise during it.

# 109 MR. DARDEN:

It ends around late January, doesn't it?

# 110 MR. RUBIN:

Starts the middle of September, goes through the end of January.

# 111 MR. DARDEN:

Okay. Now, when we passed around that Bill Renken photograph, did you want the jury to--

# 112 MR. BLASIER:

Objection.

# 113 THE COURT:

Sustained. Not an appropriate question.

# 114 MR. RUBIN:

I observed--

# 115 THE COURT:

Hold on. Hold on. Not an appropriate question.

# 116 MR. DARDEN:

Well, the photograph that was passed around, did you select that photograph?

# 117 MR. RUBIN:

Yes, I did.

# 118 MR. DARDEN:

Let me show you the photograph that was taken by Debra Guidera, exhibit number 612, as well as the glove the Defendant tried on, exhibit 401. How do they compare in color?

# 119 MR. RUBIN:

This particular photograph and this particular glove are extremely close in actual color.

# 120 MR. DARDEN:

Okay. And showing you what has been marked as 164-A, the glove found at Rockingham, the glove found behind the Defendant's home, are both of the gloves in your presence and in front of you as well as the gloves shown on the Defendant's hand in these photographs, are they all brown?

# 121 MR. RUBIN:

Yes, they are.

# 122 MR. DARDEN:

Do they appear to be mink at all, that is any of the gloves as well as the gloves shown in the photograph?

# 123 MR. RUBIN:

No. These three gloves are categorically brown.

KEY QUOTE

# 124 MR. DARDEN:

Now, the glove was exclusive to Bloomingdales, correct?

# 125 MR. RUBIN:

That's correct.

# 126 MR. DARDEN:

And there's no Bloomingdales east of--west of Chicago; is that right?

# 127 THE COURT:

I think that's been asked already.

# 128 MR. BLASIER:

I object.

# 129 MR. DARDEN:

You don't know how the 70263 got here from back east?

# 130 MR. BLASIER:

Objection.

# 131 THE COURT:

Calls for speculation. Yes. Sustained.

# 132 MR. DARDEN:

Your Honor, I have nothing further. I would ask, however, that the jury be allowed to take a look at the Guidera photograph as well as the crime scene glove for color comparison.

# 133 THE COURT:

My concern though is still the--how do you propose we do that?

# 134 MR. DARDEN:

There is a--

# 135 MR. RUBIN:

Put all three in the bag.

# 136 THE COURT:

Well, no.

# 137 MR. COCHRAN:

Your Honor, can we approach for a moment?

# 138 THE COURT:

Miss Clark--I'm sorry. Mr. Darden, let's--loan me the elmo gizmo. All right. Lay them on the elmo gizmo there. Lay them out, please. All right. And would you hand that, please, to juror no. 1.

# 139 MR. DARDEN:

This is photograph 612, your Honor.

# 140 THE COURT:

All right.

# 141 MR. DARDEN:

There's no adhesive on the gloves. So--

# 142 (The three exhibits were examined by the jury.)

# 143 THE COURT:

All right. Mr. Darden, would you collect the exhibits from Deputy Long.

# 144 MR. DARDEN:

That's all I have, your Honor.

Temperature

tense

Key Quotes (5)

Richard Rubin

I have no reason to be here.

Darden's attempt to establish Rubin as a disinterested expert with nothing to gain from his testimony.

Richard Rubin

I stayed there all night.

Rubin waited in his hotel room all night for a call from defense attorney Blasier that never came — subtly casting the defense in a poor light while reinforcing Rubin's good-faith cooperation.

Richard Rubin

These three gloves are categorically brown.

Direct rebuttal of the defense's suggestion that the gloves in photographs could be 'mink' colored rather than brown, undermining the identification challenge.

Richard Rubin

My complete analysis of these photos was a collective effort. As we well know, there were many that I rejected because I couldn't see enough, and some of them were included in evidence here today, which was sufficient enough for me to state that these photos represent the characteristics that are part of style 70263.

Rubin explains his methodology, pushing back against the implication that his identification was based on insufficient or cherry-picked evidence.

Richard Rubin

I was actually somewhat taken by surprise when we did open up the glove and found out that it was a pair, and the only thing that connected the two was the same wear and tear in the lining.

Rubin's candid account of matching the Rockingham and Bundy gloves as a pair through lining wear, lending authenticity to his identification despite their visual differences.

Evidence (6)

People's 612

Photograph taken by Debra Guidera, used for color comparison

Compared to crime scene gloves; passed to jury for examination

People's 401

Glove the defendant tried on in court

Compared to Guidera photograph and crime scene gloves for color

People's 164-A

Glove found at Rockingham (behind defendant's home)

Included in color comparison; confirmed brown, not mink

Informal

Bill Renken photograph — a brown glove photo Rubin had previously raised concerns about coloring

Referenced and discussed; Rubin confirmed he selected it

Informal

January 6, 1991 photograph showing brown gloves slightly wet

Referenced to establish foundation for wet-glove shrinkage hypothetical

Informal

Bundy and Rockingham gloves (crime scene gloves)

Rubin confirms no visible defects on either

Notable Exchanges (3)

Christopher Darden•Richard Rubin

Darden elicits that Rubin waited in his hotel room all night expecting a call from Blasier that never came, after spending most of lunch the prior day with the defense attorney.

strategic

Christopher Darden•Richard Rubin•Robert Blasier•Lance A. Ito

Darden attempts to explore whether blood could cause glove shrinkage; Blasier objects and Ito sustains twice in a row, effectively blocking the line of questioning entirely.

heated

Lance A. Ito•Christopher Darden•Richard Rubin•Johnnie Cochran

The closing logistical discussion over how to let jurors compare the photograph and gloves leads to an improvised solution using the 'elmo gizmo' (ELMO projector), with Rubin himself suggesting 'Put all three in the bag' before Ito cuts him off.

light

Light Moments (2)

Richard Rubin

Rubin volunteers 'Put all three in the bag' as a solution for how the jury could compare the gloves, prompting Ito to cut him off with 'Well, no.'

Christopher Darden

Darden tells Rubin that 'Miss Clark has asked me to ask you when football season ends' — an unusually informal hand-off mid-examination.

Credibility Attacks (1)

⚔ Richard Rubin

Implied bias / prior contact with prosecution

Blasier's earlier cross implicitly questioned how Rubin's opinions were shaped through extensive pretrial contact with the prosecution; Darden's redirect uses that same contact history (including Blasier's own no-show phone call) to reframe Rubin as cooperative with both sides and independently motivated.

Witness Demeanor

Rubin appears cooperative and forthcoming, occasionally giving answers that go beyond what was asked (resulting in a 'nonresponsive' sustained objection).

Rubin interjects with a practical suggestion during the exhibit-handling logistics at the close of testimony.

Objections

13 objections (8 sustained, 5 overruled)

Proceeding 7612 • 144 utterances • Prosecution witness

Criminal Trial

Department 103