United States v. Thomas George Pope

Thomas Pope appeals his conviction for armed robbery of a savings and loan association. 18 U.S.C. § 2113 (a), (d). We reverse.

At trial the prosecution’s key witness was Brett Elliott, an alleged participant in the robbery. Elliott’s testimony disclosed that he had planned the robbery with appellant and Edward Pope, appellant’s brother. Elliott and Edward held up two tellers in a savings and loan business at gunpoint, while appellant waited in a “switch car” at a pre-arranged rendezvous point. After the holdup, Elliott and Edward drove out to meet appellant, ditched the get-away car, and rode off with appellant driving.

On April 1, 1975, Elliott was permitted to plead guilty to the lesser included offense of robbery of a savings and loan without the use of a gun. 18 U.S.C. § 2113 (a). Elliott testified against Edward Pope on April 1 and 2, 1975. On April 9, 1975, Elliott testified before the Federal Grand Jury, implicating appellant in the robbery. Elliott was sentenced on April 22, 1975, to serve only 150 days out of a 10-year suspended Sentence. During direct examination at appellant’s trial on June 3, 1975, Elliott was asked about his guilty plea:

The Government’s attorney…