HEANEY, Circuit Judge.
Melvin Joe Montgomery appeals from his conviction for possession, with intent to distribute cocaine in violation of 21 U.S.C. § 841. Montgomery’s primary contention on appeal is that the district court erred in failing to require two defense witnesses who intended to assert their Fifth Amendment privilege against self-incrimination to try on clothing that the government alleged belonged to Montgomery. Because we agree that the court should have permitted the defense to have the witnesses try on the clothing, we reverse Montgomery’s conviction.1
I.
On October 25, 1994, Montgomery trav-elled by train from Los Angeles, California to Memphis, Tennessee, via Chicago, Illinois with Sir Lancelot Barnes, the brother of his long-time friend Johnnie Barnes. Because the two were travelling from a source city for cocaine on one-way tickets purchased at the last minute through a travel agency, a detective from the Albuquerque Police Department Drug Task Force flagged the travel as “suspicious” and indicative of drug courier activity. He contacted detectives in Kansas City, Missouri, to investigate the matter. When the train stopped in Kansas City, the detectives boarded the train, went to Montgomery’s and Barnes’s sleeper car, and announced that they were looking for narcotics. Montgomery and Barnes consented to the search of their luggage. In one of Montgomery’s bags, the detectives found 996.3 grams of cocaine, wrapped in two shirts. They arrested both men.
Montgomery was charged with possession with intent to distribute cocaine in violation of 21 U.S.C- § 841.2 His first jury trial [1406]*1406ended in a mistrial because the jury was unable to reach a unanimous verdict. A second jury convicted him of the instant offense. His defense to the charge at both trials was that he did not knowingly possess the cocaine. Montgomery testified that the cocaine — and the two shirts wrapped around it — did not belong to him and that he had never seen the bundle before the officers pulled it out of his bag.
At the second trial, the government had Montgomery try on both of the shirts for the jury. Montgomery’s counsel requested that Johnnie and Sir Lancelot Barnes try on the same two shirts. The government argued that the evidence was irrelevant and highly prejudicial because it was known that both men intended to plead the Fifth Amendment.3 Montgomery responded that the government put the clothing squarely at issue by having the defendant try on the shirts. He further argued:
I would submit they do not have a right not to put' the shirts on. The Fifth Amendment only goes to testamentary evidence. It does not go to physical evidence just as a defendant can be ordered to stand up even though he is not going to take the stand, he can be ordered by the court.
(Trial Tr. at 506-07.) The court acknowledged “that line of authority,” but ruled:
[I]n this particular case as sensitive as this is here and the incriminatory nature of what you would be asking [them] to do, I am not going to force them to put on these clothes unless the government accedes to it.
(Trial Tr. at 507.) Neither witness appeared in the second trial. The jury found Montgomery guilty of the cocaine possession and the court sentenced him to seventy-eight months imprisonment. This appeal follows.
II.
A. Fifth Amendment Privilege
The Fifth Amendment “protects a person only against being incriminated by his own compelled, testimonial communications,” Fisher v. United States, 425 U.S. 391, 409, 96 S.Ct. 1569, 1580, 48 L.Ed.2d 39 (1976). It does not offer protection from the compelled production of physical evidence such as fingerprints, photographs, measurements, writing or speaking for identification, appearing in court, standing, walking, or making a particular gesture. Schmerber v. California, 384 U.S. 757, 764, 86 S.Ct. 1826, 1832, 16 L.Ed.2d 908 (1966). As the Supreme Court explained:
The prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material.
Holt v. United States, 218 U.S. 245, 252-53, 31 S.Ct. 2, 6, 54 L.Ed. 1021 (1910). The Fifth Amendment does not protect a person from having to try on clothing. See id. (evidence that a blouse fit a prisoner admissible despite compulsion exerted upon him to try it on); see also United States v. Bullard, 37 F.3d 765, 768-69 (1st Cir.1994) (because there is no Fifth Amendment right to refuse to “don a hat,” it is permissible to draw inference of guilt from refusal to cooperate), cert. denied, — U.S. -, 115 S.Ct. 1809, 131 L.Ed.2d 734 (1995).
The district court abused its discretion in failing to follow this long line of settled authority. The government argued that the evidence was “highly prejudicial” and would present collateral issues that would be “confusing and invite speculation.” (Trial Tr. at 533-34). The fact that having the witnesses try on the shirts might be “incriminating,” as the district court agreed, does not bring the requested evidence within the ambit of Fifth Amendment protection. The evidence was material and relevant. As part of his defense to the possession charge, Montgomery denied ownership of the shirts and claimed that he did not know how the [1407]*1407cocaine ended up in his luggage. As a plausible explanation, the defense suggested that Sir Lancelot Barnes — the only other person known to have access to the sleeper car — put it in Montgomery’s bag. In response to Montgomery’s defense, the government had him try on the shirts,' implying that they were his. To rebut this implication, Montgomery attempted to have both Sir Lancelot Barnes and his brother Johnnie try on the same two shirts. The government put the ownership of the clothing squarely at issue, and the court should have permitted Montgomery to defend himself against the allegation of ownership.
The government raises two additional arguments against compelling the witnesses to try on the clothes, both of which we can reject in relatively short order. First, the government claims that Montgomery’s true objective was to force the witnesses to assert their Fifth Amendment privilege against self-incrimination in front of the jury. While it is true that a defendant cannot call a witness to the stand simply to force invocation of the right against self-incrimination, United States v. Doddington, 822 F.2d 818, 822 (8th Cir.1987), Montgomery made no attempt to have the witnesses testify. In fact, when the district court expressed concern for how the witnesses would be identified without their testimony, defense counsel suggested that either Montgomery or one of the sworn officers could identify the witnesses for the jury.
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HEANEY, Circuit Judge.
Melvin Joe Montgomery appeals from his conviction for possession, with intent to distribute cocaine in violation of 21 U.S.C. § 841. Montgomery’s primary contention on appeal is that the district court erred in failing to require two defense witnesses who intended to assert their Fifth Amendment privilege against self-incrimination to try on clothing that the government alleged belonged to Montgomery. Because we agree that the court should have permitted the defense to have the witnesses try on the clothing, we reverse Montgomery’s conviction.1
I.
On October 25, 1994, Montgomery trav-elled by train from Los Angeles, California to Memphis, Tennessee, via Chicago, Illinois with Sir Lancelot Barnes, the brother of his long-time friend Johnnie Barnes. Because the two were travelling from a source city for cocaine on one-way tickets purchased at the last minute through a travel agency, a detective from the Albuquerque Police Department Drug Task Force flagged the travel as “suspicious” and indicative of drug courier activity. He contacted detectives in Kansas City, Missouri, to investigate the matter. When the train stopped in Kansas City, the detectives boarded the train, went to Montgomery’s and Barnes’s sleeper car, and announced that they were looking for narcotics. Montgomery and Barnes consented to the search of their luggage. In one of Montgomery’s bags, the detectives found 996.3 grams of cocaine, wrapped in two shirts. They arrested both men.
Montgomery was charged with possession with intent to distribute cocaine in violation of 21 U.S.C- § 841.2 His first jury trial [1406]*1406ended in a mistrial because the jury was unable to reach a unanimous verdict. A second jury convicted him of the instant offense. His defense to the charge at both trials was that he did not knowingly possess the cocaine. Montgomery testified that the cocaine — and the two shirts wrapped around it — did not belong to him and that he had never seen the bundle before the officers pulled it out of his bag.
At the second trial, the government had Montgomery try on both of the shirts for the jury. Montgomery’s counsel requested that Johnnie and Sir Lancelot Barnes try on the same two shirts. The government argued that the evidence was irrelevant and highly prejudicial because it was known that both men intended to plead the Fifth Amendment.3 Montgomery responded that the government put the clothing squarely at issue by having the defendant try on the shirts. He further argued:
I would submit they do not have a right not to put' the shirts on. The Fifth Amendment only goes to testamentary evidence. It does not go to physical evidence just as a defendant can be ordered to stand up even though he is not going to take the stand, he can be ordered by the court.
(Trial Tr. at 506-07.) The court acknowledged “that line of authority,” but ruled:
[I]n this particular case as sensitive as this is here and the incriminatory nature of what you would be asking [them] to do, I am not going to force them to put on these clothes unless the government accedes to it.
(Trial Tr. at 507.) Neither witness appeared in the second trial. The jury found Montgomery guilty of the cocaine possession and the court sentenced him to seventy-eight months imprisonment. This appeal follows.
II.
A. Fifth Amendment Privilege
The Fifth Amendment “protects a person only against being incriminated by his own compelled, testimonial communications,” Fisher v. United States, 425 U.S. 391, 409, 96 S.Ct. 1569, 1580, 48 L.Ed.2d 39 (1976). It does not offer protection from the compelled production of physical evidence such as fingerprints, photographs, measurements, writing or speaking for identification, appearing in court, standing, walking, or making a particular gesture. Schmerber v. California, 384 U.S. 757, 764, 86 S.Ct. 1826, 1832, 16 L.Ed.2d 908 (1966). As the Supreme Court explained:
The prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material.
Holt v. United States, 218 U.S. 245, 252-53, 31 S.Ct. 2, 6, 54 L.Ed. 1021 (1910). The Fifth Amendment does not protect a person from having to try on clothing. See id. (evidence that a blouse fit a prisoner admissible despite compulsion exerted upon him to try it on); see also United States v. Bullard, 37 F.3d 765, 768-69 (1st Cir.1994) (because there is no Fifth Amendment right to refuse to “don a hat,” it is permissible to draw inference of guilt from refusal to cooperate), cert. denied, — U.S. -, 115 S.Ct. 1809, 131 L.Ed.2d 734 (1995).
The district court abused its discretion in failing to follow this long line of settled authority. The government argued that the evidence was “highly prejudicial” and would present collateral issues that would be “confusing and invite speculation.” (Trial Tr. at 533-34). The fact that having the witnesses try on the shirts might be “incriminating,” as the district court agreed, does not bring the requested evidence within the ambit of Fifth Amendment protection. The evidence was material and relevant. As part of his defense to the possession charge, Montgomery denied ownership of the shirts and claimed that he did not know how the [1407]*1407cocaine ended up in his luggage. As a plausible explanation, the defense suggested that Sir Lancelot Barnes — the only other person known to have access to the sleeper car — put it in Montgomery’s bag. In response to Montgomery’s defense, the government had him try on the shirts,' implying that they were his. To rebut this implication, Montgomery attempted to have both Sir Lancelot Barnes and his brother Johnnie try on the same two shirts. The government put the ownership of the clothing squarely at issue, and the court should have permitted Montgomery to defend himself against the allegation of ownership.
The government raises two additional arguments against compelling the witnesses to try on the clothes, both of which we can reject in relatively short order. First, the government claims that Montgomery’s true objective was to force the witnesses to assert their Fifth Amendment privilege against self-incrimination in front of the jury. While it is true that a defendant cannot call a witness to the stand simply to force invocation of the right against self-incrimination, United States v. Doddington, 822 F.2d 818, 822 (8th Cir.1987), Montgomery made no attempt to have the witnesses testify. In fact, when the district court expressed concern for how the witnesses would be identified without their testimony, defense counsel suggested that either Montgomery or one of the sworn officers could identify the witnesses for the jury. The demonstration could have occurred without any testimony on the part of the witnesses and thus, should have been permitted. Second, the government contends that having the witnesses try on the shirts would have denied them of the opportunity to cross examine them. This argument again fails to recognize the difference between testimonial and physical evidence. The government only has the right to cross-examine witnesses on the testimony that they offer at trial. Further, any negative inference that the jury may draw from the witnesses’ failure to testify at trial was cured by the district court’s appropriate instruction.4
B. Harmless Error
The government does not raise harmless error in its appellate brief, thus waiving the argument on appeal. We have discretion to overlook the waiver, however, after taking into consideration the length and complexity of the record, the certainty of the harmlessness finding, and whether a reversal would result in protracted, costly, and futile proceedings in district court. Lufkins v. Leapley, 965 F.2d 1477, 1481 (8th Cir.) (citing United States v. Giovannetti, 928 F.2d 225, 226-27 (7th Cir.1991)), cert. denied, 506 U.S. 895, 113 S.Ct. 271, 121 L.Ed.2d 200 (1992). If we elect to review the record sua sponte, our review will err on the side of the criminal defendant. Id.
Even overlooking the government’s waiver in this case, we have carefully reviewed the entire record and cannot say that the district court’s error was harmless. Although the evidence that the cocaine was in Montgomery’s luggage was uncontradicted, proof of whether Montgomery knew about the cocaine before it was seized was circumstantial and close, at best. The first jury was not unanimously persuaded. The record from the second trial indicates that the shirts did not actually fit Montgomery well. If the court had required the witnesses to try on the two shirts, the jury would have been able to compare how the shirts fit each witness. If they fit the witnesses as well or better than they fit Montgomery, the evidence would have corroborated Montgomery’s testimony that the shirts did not belong to him or at least would have countered the government’s evidence that the shirts fit Montgomery. Thus, we are not persuaded that the additional evidence in Montgomery’s favor would not have changed the jury’s decision.
III.
The district court should have permitted Montgomery to have the witnesses try on the shirts. Because we cannot say the error was harmless, we reverse Montgomery’s conviction for cocaine possession and remand this case to the district court for a new trial.