Gray v United States     12

" appears to have been directly provoked by Schartner's counsel During the trial, Schartner's counsel attempted to interject into the trial the figure of Dennis James Jones, referred to at an earlier point in this opinion As mentioned earlier Jones was a Government witness at Schartner's first trial, and it was upon the basis of the discovery that his testimony had been false that a new trial was granted Schartner's counsel argued to the jury that they should draw an inference favorable to his client from the failure of the United States to call Jones The statement of the Government's counsel apparently was intended to rebut this insinuation that the United States was attempting to hide a witness, and in these circumstances this statement was not reversible error See Gray v United States, 394 F 2d 96, 101 (9 Cir 1968) and Green v United States, 282 F 2d 388, 391 (9 Cir 1960)