UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
February 1, 2010
UNITED STATES OF AMERICA,
SANDRA HATFIELD, DAVID H. BROOKS, PATRICIA LENNEX DEFENDANTS.
The opinion of the court was delivered by: Seybert, District Judge
Pending before the Court is Defendant Sandra Hatfield's motion to exclude Dawn Schlegal's attorney, Francisco Navarro, from the Courtroom. That motion is DENIED. Fed. R. Evid. 615 only authorizes the Court to exclude non-party "witnesses," not those witnesses' attorneys. There is, obviously, a big difference between "witnesses" and "attorneys." And this Court will not read words into Rule 615 that neither Congress nor the Supreme Court authorized. That being said, the Court cautions Mr. Navarro that, to the extent he communicates factual information to Ms. Schlegal concerning other witnesses' testimony, the attorney-client privilege will not protect those communications. Thus, on cross- examination, Ms. Schlegal must answer any questions she receives concerning what factual information Mr. Navarro conveyed to her concerning this trial's events.
Joanna Seybert, U.S.D.J.
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