U.S. v. Black

In prosecution on bank robbery charge, Dist. Ct. erred in barring defendants’ counsel from asking govt. witness about his gang membership or to ask if witness was protecting high-ranking gang members whom defendants claimed were actual culprits in bank robbery since: (1) Dist. Ct.’s restriction improperly prevented defendants from attempting to expose alleged bias on part of witness; and (2) Dist. Ct. erroneously believed that defendants’ attempt to elicit said testimony would violate Rule 404(b). However, error was harmless where physical evidence established that defendants were culprits. Ct. similarly found that elicitation of fact that another witness was probation officer of one defendant was also harmless error.