Can Jury Draw An Inference of Guilt from Defendant's Silence When He Testifies ?
In Cf. United States v. Weber, 437 F.2d 327 (3d Cir. 1970), the Third Circuit stated:
Once a defendant takes the witness stand he waives his Fifth Amendment privilege and makes himself liable to cross-examination as an ordinary witness.
Moreover, it is permissible, even in a trial upon a multi-count indictment, for the court to charge that a jury may draw an inference of guilt from a defendant's silence when the defendant testifies as to some facts, but refrains from testifying as to other facts within his knowledge.
Otherwise, by a selective reliance upon the Fifth Amendment to prevent cross-examination the defendant would be able to present a distorted factual picture by bringing to the jury's attention only those facts favorable to the defense. Id. at 334-35.