If you don’t think a witness sequestration violation is a big deal, think again. It could be cause for a new trial.
A jury found Marc Robert Engelmann guilty of bank fraud, wire fraud, and conspiracy. Engelmann moved for a new trial, arguing that a conversation between two government witnesses during trial, in contravention of a sequestration order, violated his rights to a fair trial and to effective assistance of counsel.
According to the Eighth Circuit Court of Appeals, the sequestration violation was worth a look.