In what circumstances will the judge be held liable for excluding defendant from a rereading of the district attorney's opening argument?

In the present case, the record merely shows that various portions of testimony were reread to the jury, and defendant does not contend that any other exchanges between the judge and jury, or counsel and jury, took place. Accordingly, like the federal courts in Bustamante, we conclude that any error in excluding defendant from the proceedings was harmless beyond a reasonable doubt. (See also People v. Conrad (1973) 31 Cal.App.3d 308, 323-324, 107 Cal.Rptr. 421 [neither defendant nor his counsel was present at rereading of district attorney's opening argument]; People v. [44 Cal.3d 586] Morales (1943) 60 Cal.App.2d 196, 200

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I. Constitutionality of 1977 Death Penalty Law