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In a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government wants three people to remain: Lead Agent, who sat with prosecutors during the investigation and will testify about the flow of funds; Victim, who lost retirement savings and wants to observe the trial; and Analyst, a non-testifying employee who helps prosecutors understand spreadsheets during witness examinations. Defendant also wants his corporate employer's general counsel to remain at counsel table as the company's designated representative even though the company is not a party.
During trial, a government witness admits that Lead Agent summarized another witness's testimony for him during a lunch break before he testified. Separately, the judge considers calling Bank Custodian as a court witness to clarify account records that neither side handled clearly.
Analyze the sequestration issues, possible remedies for the lunch-break communication, and the parties' rights if the judge calls Bank Custodian.