What is the effect of the trial court's exclusion of the defense from the hearing at which the prosecutor stated his reasons for the penalty?

Before addressing that question, however, we note that the trial court erred in excluding the defense from the hearing at which the prosecutor stated his reasons. (See People v. Ayala (2000) 24 Cal.4th 243, 262, 99 Cal.Rptr.2d 532, 6 P.3d 193; United States v. Thompson (9th Cir.1987) 827 F.2d 1254, 1257.) The trial court partially alleviated the effect of this error, however, by giving the defense an opportunity to comment on the prosecutor's reasons when it unsealed the transcripts of the ex parte hearings after the jury had returned the penalty verdict. The defense availed itself of this opportunity by arguing, as a ground for new trial as to penalty, that the prosecution's stated reasons were unsupported by the record and pretextual.