WILL, Senior District Judge:
A jury convicted Juan Gordon of possession with intent to distribute heroin in violation of 21 U.S.C. § 841(a)(1) (1981) and unlawful possession of drug paraphernalia in violation of D.C.Code § 33-550 (1981). Gordon raises two issues on appeal, but in light of our disposition we need address only one: whether the trial court erred by impaneling the jury in Gordon’s absence, and if so, whether the error requires reversal.1 We conclude that Gordon had a right to be present at jury selection, that he did not effectively waive this right, and that his absence was prejudicial. Therefore, we reverse his conviction and grant him a new trial.
[121]*121I. Background
In the early morning hours of October 4, 1984, a Metropolitan Police Department Officer discovered Juan Gordon unconscious and slumped over the steering wheel of his locked and running automobile. Gordon was perspiring, with saliva foaming at his mouth. A necktie was wrapped around his right forearm and a needle and syringe were in his left hand. Between Gordon’s right thumb and first finger was a puncture wound with blood trickling down. The officer radioed for assistance and then knocked on the driver window while yelling at Gordon to wake up.
Two officers responded to the radio call. As the three officers continued to try to rouse Gordon, they saw through the window a plastic bag with white powder on the rear seat, a small beer can cooker, and a flashlight. The officers managed to open the locked driver door, remove Gordon, and revive him. A subsequent search of Gordon’s trunk revealed a large grocery store bag holding a smaller brown bag; inside that bag were some smaller plastic bags containing a tannish powder later determined to be a half pound of heroin.
By a two-count indictment, Gordon was charged with possession with intent to distribute heroin and possession of drug paraphernalia. Gordon was held in custody in lieu of a $100,000 surety bond pending his trial, which was scheduled for November 29, 1984.
On the morning of November 29th, after the deputy clerk called the case, the judge asked counsel to approach the bench for a short pre-trial meeting. At this time, Gordon’s trial attorney, Gene Johnson, stated that the Marshals Service needed a written order before permitting Gordon to change into civilian clothing. The judge granted Johnson’s request and informed counsel that he would return to chambers to await the arrival of the jury panel.
Shortly thereafter approximately thirty-five prospective jurors were led into the courtroom. The judge, informed that everyone was ready to proceed, also entered the courtroom. In addition to the prospective jurors, Gene Johnson and Assistant U.S. Attorney Ron Dixon were also seated in the courtroom. The defendant, however, was not present. Following the clerk’s call to order, the following exchange occurred:
THE COURT: Would counsel approach the bench, please.
MR. JOHNSON: Yes, sir.
[At the bench]
MR. JOHNSON: Your Honor, for the record as a tactical matter, I would much prefer, with the Court’s permission, not to bring the defendant out until such time as the jury is impaneled.
When the court sends them back to put their wraps away and get situated to hear testimony, at that time, I would like to have him brought out and he would be able to come back in the courtroom at that time if there is no objection.
MR. DIXON: No objection.
THE COURT: Very well.
The jury was then selected in Gordon’s absence. The deputy clerk swore the jury without Gordon being present. With Gordon still in the holding cell, the judge gave the jury his preliminary instructions and recessed for lunch. Approximately 90 minutes later, the judge resumed the trial and Gordon made his first appearance in the courtroom in time to hear the government’s opening statement. The record reveals that at no point during the trial did the judge ever ask or did Mr. Johnson ever offer any explanation why Mr. Johnson wanted Gordon absent during these early stages of trial.
Following his conviction, Gordon, now represented by new counsel, filed a motion for a new trial alleging, inter alia, that his absence from the courtroom during the voir dire, the swearing of the jury, and the judge’s preliminary instructions violated his right to be present at all stages of his trial under Fed.R.Crim.P. 43(a) and the due process clause of the fifth amendment.
At a November 22, 1985 evidentiary hearing on the motion, Gordon testified that on the morning of trial he was in the cellblock behind the courtroom, that his attorney brought him some street clothes [122]*122to wear, and that Johnson left the clothing without having any discussion with him relating to his right to be present during jury selection. Gordon stated that he first realized a jury had been selected when he entered the courtroom after the lunch recess. He stated that although he was surprised and confused, he said nothing to his attorney.
Finally, Gordon testified that he would have liked to participate in the impaneling of the jury, and in fact, had he been present, would have sought to strike at least one of the prospective jurors who ended up on the panel. Specifically, Gordon testified that he would have sought to strike one prospective juror who, during voir dire, revealed that he had previously worked in law enforcement, had a brother-in-law who was a supervisor for the Metropolitan Police Department, had a brother who was a supervisor for the Federal Protection Service, and had studied constitutional and criminal law courses on his own.
Gene Johnson, Gordon’s trial counsel, testified that on the morning of the trial his primary concern was to see that Gordon be dressed in street clothes and seated in the courtroom before the prospective jurors arrived, since Johnson did not wish the jurors to see Gordon escorted into the courtroom by the marshal and thus learn that Gordon was in custody. It was his belief, he stated, that the viewing of the defendant in these circumstances often led jurors to draw “negative inferences” about the defendant. To avoid this problem, Johnson made arrangements with Gordon’s family to have civilian clothes brought to Gordon on the day of the trial.
However, a problem developed on the morning of the trial. Gordon’s family was apparently late delivering the clothes and the panel was seated in the courtroom before Gordon finished changing. Johnson testified that he dropped off the clothing at the cellblock and returned to the courtroom where he discovered that “quicker than any jury panel” he had ever seen, the prospective jurors for Gordon’s trial had “come out of the sky” and were seated in the courtroom. Johnson further testified that he then returned to the cellblock and discussed with Gordon the less than ideal scenario of a defendant being brought into the courtroom from the holding cell by a marshal in front of prospective jurors. Johnson stated that he advised Gordon of his right to be present during the jury selection process, and that he informed him that it was his “best judgment” that Gordon not put himself in that posture. Johnson stated that he and Gordon mutually agreed that under the circumstances it was best for Gordon to remain in the cellblock until after the jury had been selected. Finally, Johnson related that after the jury had been impaneled and Gordon was brought into the courtroom, Johnson asked him: “What do you think?” Johnson stated that Gordon replied: “Well, I got the best I could get.”
On March 9, 1986, the district judge denied Gordon’s motion for a new trial on the grounds that “no prejudice has been or could be shown by Gordon’s absence during the voir dire and preliminary instructions.” 2
II. Right to Presence
Gordon asserts two bases for his contention that he had a right to be present [123]*123during the impaneling of the jury: the due process clause of the fifth amendment and Rule 43(a) of the Federal Rules of Criminal Procedure.3
The Supreme Court has recently observed that although many of the modern cases involving the constitutional right to presence are rooted in the confrontation clause of the sixth amendment, the right is also “protected by the Due Process Clause in some situations where the defendant is not actually confronting witnesses or evidence against him.” United States v. Gag-non, 470 U.S. 522, 105 S.Ct. 1482, 84 L.Ed.2d 486 (1985) (per curiam). The Gag-non Court explained that a defendant has a constitutional right to be present at all trial-related proceedings “whenever his presence has a relation, reasonably substantial, to the fulness of his opportunity to defend against the charge.” Id. at 526,105 S.Ct. at 1484 (quoting Snyder v. Massachusetts, 291 U.S. 97, 105-06, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1938)). Although the Court has emphasized that this right is not guaranteed “when presence would be useless, or the benefit but a shadow,” Snyder, 291 U.S. at 106-07, 54 S.Ct. at 332-33, due process clearly guarantees that the defendant be allowed to be present “to the extent that a fair and just hearing would be thwarted by his absence.” Id. at 108, 54 S.Ct. at 333. See also Gagnon, 470 U.S. at 526, 105 S.Ct. at 1484; Kentucky v. Stincer, — U.S.-, 107 S.Ct. 2658, 2667, 96 L.Ed.2d 631 (1987) (“defendant is guaranteed the right to be present at any stage of the criminal proceeding that is critical to its outcome if his presence would contribute to the fairness of the procedure”); Faretta v. California, 422 U.S. 806, 819 n. 15, 95 S.Ct. 2525, 2533 n. 15, 45 L.Ed.2d 562 (1975) (defendant “has a constitutional right to be present at all stages of the trial when his absence might frustrate the fairness of the proceedings”).
Fed.R.Crim.P. 43(a) also gives a defendant an explicit right to be present “at every stage of the trial including the impaneling of the jury.” As originally promulgated Rule 43 was intended to be “a restatement of existing law.” Fed.R. Crim.P. 43, 1946 Advisory Committee Notes, 111. See also 8B Moore’s Federal Practice 1143.01[2].4 As such, Rule 43 embodies the protections afforded by the sixth amendment confrontation clause, the due process guarantee of the fifth and fourteenth amendments, and the common law right of presence. United States v. Washington, 705 F.2d 489, 497 (D.C.Cir.1983). Thus, Rule 43 has traditionally been understood to codify both a defendant’s constitutional right and his common law right to presence. Accordingly, its “protective scope” is broader than the constitutional right alone. Id. at 497-98 n. 5; United States v. Allessandrello, 637 F.2d 131, 139 (3d Cir.1980), cert, denied, 451 U.S. 949, 101 S.Ct. 2031, 68 L.Ed.2d 334 (1981); [124]*124United States v. Brown, 571 F.2d 980, 986 & n. 5 (6th Cir.1978).5
Turning to the instant case, we find that Gordon had both a Rule 43 right to be present at voir dire as well as a fifth amendment right. The constitutional right grows out of the fact that Gordon’s presence at jury selection had a “ ‘reasonably substantial’ ” relation to his “ ‘opportunity to defend against the charge.’ ” Gagnon, 470 U.S. at 526, 105 S.Ct. at 1484 (quoting Synder v. Massachusetts, 291 U.S. 97,105-06, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934)). That Gordon’s presence at voir dire was substantially related to his defense is indicated by the fact that he had no opportunity “to give advise or suggestion^] ... to ... his lawyers.” Snyder, 291 U.S. at 106, 54 S.Ct. at 332. During voir dire, for example, “what may be irrelevant when heard or seen by [defendant’s] lawyer may tap a memory or association of the defendant’s which in turn may be of some use to his defense” Boone v. United States, 483 A.2d 1135, 1137-38 (D.C.App.1984). See also United States v. Washington, 705 F.2d at 497.
A defendant's presence at jury selection is also necessary so that he may effectively exercise his peremptory challenges. Washington, 705 F.2d at 497. The process of peremptory challenges is essential to an impartial trial. Lewis v. United States, 146 U.S. at 378, 13 S.Ct. at 139. As Blackstone points out, “how necessary it is that a prisoner ... should have a good opinion of his jury the want of which might totally disconcert him; the law wills not that he should be tried by any one man against whom he has conceived a prejudice even without being able to assign a reason for his dislike.” 4 W. Blackstone, Commentaries *353, quoted in, Lewis v. United States, 146 U.S. at 376, 13 S.Ct. at 138. See also Alessandrello, 637 F.2d at 151. Hence our conclusion that Gordon had both a constitutional right as well as a Rule 43(a) right to be present at voir dire.
Guaranteeing a defendant a right to presence, however, does not answer the different and more difficult question whether a particular defendant has waived this right. The real issue presented by this appeal therefore is not whether Gordon had a right to be present at voir dire but whether Gordon effectively waived that right. We now consider this question.
III. Waiver
Although, as we have noted, a defendant has a right to be present at jury selection, this right may of course be waived. See United States v. Crutcher, 405 F.2d 239, 243 (2d Cir.1968), cert, denied, 394 U.S. 908, 89 S.Ct. 1018, 22 L.Ed.2d 219 (1969) (“the right to be present at one’s trial is a personal right that may be waived by a defendant”).6 Thus, we must address the question whether, as the government alleges, Gordon’s trial counsel’s specific request that Gordon be permitted to absent himself from the entire jury selection process operated as an effective waiver. In response to the government's waiver claim, Gordon makes two distinct arguments. First, Gordon argues that the right to be present at the impaneling of the jury, like the right to counsel, trial by jury, and the confrontation of witnesses is so “essential to the integrity of the criminal justice system” that it can never be waived by “the naked representation of defense counsel,” but requires instead a personal on-the-record waiver by the accused himself. Thus, Gordon con-[125]*125eludes, defense counsel’s representation to the bench that defendant, for “tactical” reasons, had declined to appear in the courtroom, could never serve as a sufficient basis for waiver. Alternatively, Gordon argues that even if an on-the-record waiver is not required under these circumstances, the record does not support a finding of a knowing and voluntary waiver.
To support the claim that on the record waiver is necessary, Gordon relies primarily on this court’s opinion in Cross v. United States, 325 F.2d 629 (D.C.Cir.1963). There, defense counsel advised the trial judge in midtrial that defendant, who was in custody and seated in a room adjacent to the courtroom, had declined to return to the trial. Without further inquiry, the court ordered the trial to “proceed with the defendant in absentia” determining that counsel’s representation was a sufficient basis for finding waiver. On appeal, this court noted the federal procedures that govern waivers of defendants’ rights to indictment and to trial by jury and held that “[a]t least an on-the-record statement in open court by the defendant himself” is required before he can waive his right to presence at trial. Cross, 325 F.2d at 633.
Although Cross, strictly speaking, did not concern presence at voir dire, we discern no principled difference between voir dire and other stages of trial that would affect this case. A defendant’s presence at voir dire is essential not only because it is necessary to the appearance of impartiality but
because the defendant has unique knowledge which is important at all stages of the trial, including the voir dire. At the voir dire he may, for example, identify prospective jurors that he knows. He may also have knowledge of facts about himself or the alleged crime which may not have seemed relevant to him in the tranquility of his lawyer’s office, and thus may not have been disclosed, but which may become important as the individual prejudices or inclinations of the jurors are revealed. He may also be a member of the community in which he will be tried and might be sensible to particular local prejudices his lawyer does not know about.
Alessandrello, 637 F.2d at 151 (Higginbotham, J., dissenting).
On the subject of waiver, “it has been pointed out that ‘courts indulge every reasonable presumption against waiver’ of fundamental constitutional rights and that we ‘do not presume acquiescence in the loss of fundamental rights.’ ... This protecting duty imposes the serious and weighty responsibility upon the trial judge of determining whether there is an intelligent and competent waiver by the accused.” Cross, 325 F.2d at 631 (quoting Johnson v. Zerbst, 304 U.S. 458, 464-65, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938)). Where the defendant is in custody, “ ‘the serious and weighty responsibility’ of determining whether he wants to waive a constitutional right requires that he be brought before the court, advised of that right, and then permitted to make ‘an intelligent and competent waiver.’ ” Id.
In applying this rule to the instant case, it is clear that rather than permitting defense counsel to waive Gordon’s right to presence, the court should have held an on-the-record hearing to advise Gordon of his right to be present at voir dire and obtained a personal waiver in open court. The slight additional burden on the criminal justice process wrought by a personal waiver requirement is more than offset by avoidance of lengthy appeals to determine whether the defendant’s right to presence has been violated. The practice of obtaining open court waivers is, as we have noted, particularly warranted in cases like this where the defendant is not out on bail, but remains in custody and readily available to the court.7
[126]*126Further, we find an on-the-record-waiver desirable because in its absence it is difficult, if not impossible, to determine whether the defendant has knowingly and intelligently relinquished a known right. Here, for example, even accepting Johnson’s description of what occurred on the morning of the trial and rejecting Gordon’s version, as the district court did, Johnson’s description could not support a finding that Gordon knowingly and intelligently waived his right to be present during voir dire.
At best, Johnson’s version of events shows that Gordon was operating under the mistaken belief that the only way he could exercise his right to be present at his jury selection was to be escorted into the courtroom by a marshal in front of the prospective jurors; a course of action, that by Johnson’s own description might well have prejudiced Gordon. Johnson admitted that such a scene might have created a negative impression in the minds of the jury. For example, the jury might have viewed Gordon’s pre-trial incarceration (although the result of his inability to post bail) as due to such other causes as untrustworthiness or dangerousness. Cf. Holbrook v. Flynn, 475 U.S. 560, 106 S.Ct. 1340, 89 L.Ed.2d 525 (1986). Johnson apparently never informed Gordon that there were other, less prejudicial, courses of action, such as the obvious one of asking the judge to remove the prospective jurors while Gordon took his seat.
Gordon, even accepting Johnson’s description of their conversation, was thus confronted with a false dilemma. He faced the Hobson’s choice of either risking the “negative inferences” that his counsel assured him would be drawn should he go into the courtroom, or remaining behind. Given the faulty either-or premise of the supposed dilemma, it is unreasonable to suggest that Gordon’s desire to avoid “negative inferences” constituted a knowing and voluntary waiver of his right to be present. The record is clear that Gordon was willing and able to appear in court, but that he missed the critical beginnings of his trial solely because of misinformation or lack of information from his attorney and the trial judge’s failure to satisfy himself that Gordon knew what he was doing. If the trial judge had insisted that Gordon make a personal waiver, however, it is likely that this misunderstanding could have been cleared up. For once the judge was apprised of the real reason behind defense counsel’s co-called “tactical” request, he could have remedied the problem simply by ordering the jury out of the courtroom in order to allow Gordon time to take his seat.8
[127]*127IV. Harmless Error
Having determined that Gordon’s statutory and constitutional rights were violated by the impaneling of the jury in his absence, we must make one further inquiry: whether the government has met the burden of showing that the trial court’s error was “harmless beyond a reasonable doubt.” Chapman v. California, 386 U.S. 18, 21-22, 87 S.Ct. 824, 826-27, 17 L.Ed.2d 705 (1967). See also, Washington, 705 F.2d at 193; Wade v. United States, 441 F.2d 1046, 1050 (D.C.Cir.1971) (“The standard by which to determine whether reversible error occurred ... is not whether the accused is actually prejudiced but whether there is any reasonable possibility of prejudice.”).9
On the harmless error question, Gordon first argues that a defendant’s absence during the entire jury selection process can never be determined to be harmless error, and second, that under the facts of this case, the error was not harmless beyond a reasonable doubt.
As to Gordon’s first argument, we are aware that at least one other court presented with this question has held that without an effective waiver, a defendant’s complete absence from voir dire “can never be treated as harmless error.” Crutcher, 405 F.2d at 244. See also Alessandrello, 637 F.2d at 143-44 n. 23. We need not, however, decide whether such error can ever be harmless; it is enough to find on the facts of this case that it was not.
Our review of the case law on the harmless error question reveals that in all of the cases where the absence of a defendant has been deemed harmless, the defendant was absent during only a small portion of the jury selection process. For example, in United States v. Washington, 705 F.2d 489 (D.C.Cir.1983), this court found the exclusion of the defendant from bench or sidebar examinations of prospective jurors harmless because (1) defendant “was present in the courtroom during the entire time,” (2) only “a very limited portion of voir dire was conducted at the bench,” with the defense attorney’s assistant taking “very careful notes,” and (3) defendant was permitted to “confer with counsel regarding jurors’ responses at the bench.” Id. at 498.
[128]*128Similarly, in United States v. Dioguardi, 428 F.2d 1033 (2d Cir.), cert, denied, 400 U.S. 825, 91 S.Ct. 50, 27 L.Ed.2d 54 (1970), and United States v. Alessandrello, 637 F.2d at 131, defendants were continually present in the courtroom during the impaneling of the jury. However, at one point during the voir dire, the respective judges questioned prospective jurors individually, out of the hearing of the defendants (and in one case out of the sight as well) about the extent to which they were exposed to pretrial publicity. In both cases, the appellate courts concluded that this type of procedure did not constitute reversible error.
The defendants’ presence in the courtroom throughout the entire voir dire was also crucial to the Eighth Circuit’s opinion in United States v. Chrisco, 493 F.2d 232 (8th Cir.), cert, denied, 419 U.S. 897, 95 S.Ct. 84, 42 L.Ed.2d 77 (1974). There, the attorneys exercised their challenges for cause, the court recessed for lunch, and the defendants were removed from the courtroom. The attorneys, however, remained in the courtroom to exercise their peremptory challenges. Following the recess, the courtroom clerk read the list of jurors who had been selected. At this point, the defendants apparently expressed their disapproval to counsel over some of the jurors who had been seated. The defense counsel did not make a formal objection to the court. Reviewing this situation on appeal, the court held that the Constitution and Rule 43 guaranteed a defendant the right to be present at all steps of selecting a jury, including the exercise of peremptory challenges. Nevertheless, it concluded that the fact that defendants were present at the time the clerk gave effect to the strikes and had registered their opinion with their attorneys, demonstrated that there was no error. See also United States v. Bascaro, 742 F.2d 1335, 1349 (11th Cir.1984) (no error where lawyers-only conference and decision making conducted outside earshot of defendants during peremptory strike phase of jury selection process).
The facts in the instant case are obviously far different from those in Washington, Dioguardi, Alessandrello, and Chrisco. Gordon was absent not merely for a small portion of jury selection but for all of it. He observed not a single prospective juror, heard not a single response to the court’s questions concerning personal and general matters, and participated in not a single peremptory challenge. Moreover, defense counsel shared no notes with him, nor did he consult with him about what took place during this stage of the trial. These circumstances make it impossible to apply the foregoing cases to the detriment of the defendant, for these cases cannot support a finding that absence throughout the entire voir dire process is harmless error; if anything, they assume the opposite. See e.g., Alessandrello, 637 F.2d at 143 n. 23. In reaching this conclusion, we reiterate the importance to a fair trial of defendant’s presence at voir dire.
This brings us to Gordon’s second argument against a finding of harmless error; that is, that his absence was not harmless beyond a reasonable doubt. Here, for example, Gordon testified that had he been present at voir dire, he would have sought to challenge the juror who had previously worked in law enforcement, whose brother worked for the Federal Protection service, and whose brother-in-law was a supervisor for the Metropolitan Police Department. Surely there was sufficient possibility that this juror’s participation might weigh against the defendant to make loss of the opportunity to challenge him on voir dire a real injury.
Additionally, tjiere is the question of what went on in the juror’s minds as they spent the first several hours of the trial wondering where the defendant was. The fact that a defendant, sitting at counsel table, does not go to the bench during a small portion of the voir dire quite likely escapes the notice of the jury. A defendant, however, who does not make his appearance until midway through the first day of his trial is surely noticed by the jury, and it is not beyond a reasonable doubt that “the jury speculated adversely to the defendant about his absence from the courtroom.” Wade, 441 F.2d at 1050. To hold Gordon’s absence harmless under [129]*129these circumstances therefore would be to “reconstruct what might have eventuated had he been present, when that cannot truly be reconstructed with a degree of certainty necessary to avoid the reasonable possibility of prejudice.” Id,.10
IV.
In conclusion, we hold that Gordon had a statutory and a constitutional right to be present at the voir dire and impaneling of his jury, that he did not effectively waive this right under the test enunciated in Johnson v. Zerbst, and that his total absence from the proceedings resulted in a reasonable possibility of prejudice and therefore was not harmless beyond a reasonable doubt. Accordingly, the judgment of the trial court is reversed and the case remanded for a new trial.