Timothy A. Gillison v. United States

BAZELON, Chief Judge:

Gillison appeals his robbery conviction in a jury trial at which co-defendant Faustin Moran pled guilty at the close of the government’s case. The government concedes that the prosecutor’s conduct of the cross examination of appellant, who was the sole witness for the defense, was improper but argues that the error was not prejudicial. We disagree.

On direct examination appellant testified that he was unarmed and only seeking a job when he entered the construction site office trailer with Moran who thereupon drew a gun and took a $2000 payroll from the supervisor. He…