Kly, since all witnesses are subject to recall, prior to jury deliberations, are all witnesses excluded from the courtroom before and after testifying?
Once the motion to sequester is made prior to trial, it remains in effect throughout the trial. Witnesses, who are sequestered, can only be in the courtroom during their testimony. Moreover witnesses can not confer with other witnesses, who had already testified. I once was able to exclude a key prosecution witness because he casually followed another witness, who had just testified, to a concession area in the basement in the courthouse. I have to thank a wise investigator for that.
I once had a young prosecutor, who thought I was practicing gamesmanship by asking for individual motions to sequester. He then actually asked the judge to sequester the defendant during any defense testimony. The judge glared at him and calmly told him he's lucky that the judge wasn't going to tell the DA about this as it would probably cost the young assistant his job.
