In People v. Melendez, the trial court excluded the testimony of a defense witness who allegedly violated a sequestration order and had been seen talking to the defendant during at least one break in the trial. What should a judge consider prior to taking the hard sanction of refusing to allow a defense witness to testify? Under the circumstances, was Melendez' witness an important witness to tell his story to the jury? What alternative sanctions could a judge use to punish a witness without resorting to the extreme sanction of refusing to allow a witness to testify? Did the trial judge employ the proper procedure in determining that a sanction was the appropriate remedy for violating the sequestration order?

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The Answer of In People v. Melendez, the trial court excluded the testimony of a defense witness who allegedly violated a sequestration order and had been seen talking to the defendant during at least one break in the trial. What should a judge consider prior to taking the hard sanction of refusing to allow a defense witness to testify? Under the circumstances, was Melendez' witness an important witness to tell his story to the jury? What alternative sanctions could a judge use to punish a witness without resorting to the extreme sanction of refusing to allow a witness to testify? Did the trial judge employ the proper procedure in determining that a sanction was the appropriate remedy for violating the sequestration order?

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