UNITED STATES OF AMERICA v. RIGGI, John M., Appellant in 90-5974; UNITED STATES OF AMERICA v. TIMPANI, Salvatore, Appellant in 90-5975, 951 F.2d 1368


Summary

Defendants were charged with various counts of racketeering and committing acts of extortion of contractors while serving as labor union officials and consultants. Both defendants were convicted of violations of the Hobbs Act, 18 U.S.C.S. § 1951, and one defendant was also convicted of violations of the Taft-Hartley Act, 29 U.S.C.S. § 186(b). At trial, the district court announced a blanket rule that there would be no recross-examination. After 13 witnesses were examined on redirect without further recross, the district court relaxed its rule somewhat. The court held that, by reason of the district court's policy forbidding recross-examination, new damaging information elicited on redirect examination was not subjected to recross-examination by defense counsel and that the absolute restriction on recross-examination was significant to the defense. The court held that the government did not meet its burden of proving that the error was harmless error. The court also held that the ...