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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

UNITED STATES OF AMERICA 

Plaintiff, 

v. 

PETER ROGAN, 

Defendant. 

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Case No. 02C 3310 

Judge John W. Darrah 

DEFENDANT'S RENEWED MOTION IN LIMINE 

TO EXCLUDE WITNESSES FROM 

THE COURTROOM DURING TRIAL 

(MOTION 6 OF 6)

 Defendant Peter Rogan ("Rogan") respectfully requests that this Court enter an 

order, in conformity with Federal Rule of Evidence 615, excluding all witnesses from the 

courtroom during trial, other than one representative per side. In support thereof, Rogan states as 

follows: 

 1. Federal Rule of Evidence 615 provides, in relevant part, that "[a]t the 

request of a party the court shall order witnesses excluded so that they cannot hear the testimony 

of other witnesses[.]" Fed. R. Evid. 615. Pursuant to Rule 615, Rogan requests that this Court 

sequester all actual and potential witnesses from the courtroom during the trial of this matter and 

all proceedings related to trial except during the time in which the witness is actually testifying. 

 2. Rogan invokes Rule 615 to ensure that the witnesses subject to exclusion 

do not tailor their testimony in light of the testimony of other witnesses. See Fed. R. Evid. 615, 

Advisory Committee Notes ("The efficacy of excluding or sequestering witnesses has long been 

recognized as a means of discouraging and exposing fabrication, inaccuracy, and collusion."); 

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see also 29 Charles A. Wright & Victor J. Gold, Federal Practice & Procedure Evidence § 6242, 

at 53-54 (1997) ("If permitted to hear the testimony of other witnesses, a witness might tailor his 

testimony to avoid inconsistencies, avert the thrust of anticipated cross-examination, or 

undermine the testimony of those other witnesses."). Sequestration is mandatory once the rule 

has been invoked. See Sandford v. CBS, Inc., 594 F. Supp. 713, 717 (N.D. Ill. 1984). 

3. Rogan requests that each party be allowed one representative to remain in 

the courtroom throughout the trial regardless of whether that representative is a witness or 

potential witness. Thus, Rogan requests that the Court sequesters all actual and potential 

witnesses with the exception of the designated representative for each party. 

CONCLUSION

 WHEREFORE, Defendant Peter Rogan respectfully requests that this Court enter 

an order in conformity with Federal Rule of Evidence 615 excluding all witnesses excepted the 

parties' designated representatives from the courtroom during the trial of this matter and 

proceedings related to trial. 

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Dated: March 15, 2006 

Respectfully submitted, 

PETER ROGAN 

 By: ________s/Bryna J. Dahlin________________ 

 One of His Attorneys 

 

Neil E. Holmen 

Joseph A. Spiegler 

Bryna J. Dahlin 

Chris J. Stathopoulos 

WINSTON & STRAWN 

 35 West Wacker Drive 

 Chicago, Illinois 60601 

 (312) 558-5600 

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CERTIFICATE OF SERVICE

I certify that the foregoing Defendant's Motion to Exclude Nonexpert Witnesses 

from the Courtroom During Trial has been served upon the following counsel this 15th day of 

March, 2006 as indicated below: 

Laurie Oberembt (by federal express) 

Trial Attorney 

Ben Franklin Station 

P.O. Box 261 

Washington, D.C. 20044 

Linda Wawzenski (by messenger) 

Assistant United States Attorney 

Dirksen Federal Building 

219 South Dearborn Street 

Chicago, IL 60604 

 ___________s/Bryna J. Dahlin________ 

 Attorney for Peter Rogan 

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