United States of America Ex Rel. Anthony Bruno v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New York

*189MOORE, Circuit Judge

(concurring):

I concur in the per curiam opinion because I would not ever oppose a full exploration of the determinative facts. However, in my opinion, the broadest discretion should be given to the trial judge who is in a position to sense and appraise the courtroom situation before him and to take such action as may be necessary to secure a fair trial. Federal courts should be reluctant to substitute their judgments, based only on a printed record and long after the event, as to the action which should or should not have been taken by the state trial judge with respect to the necessity for clearing the courtroom. Furthermore, the defendant Bruno (relator here) was represented by counsel skilled and experienced in the defense of criminal cases who was aware of the circumstances which prompted the court’s action and who felt that an objection under such circumstances would not have been warranted. See this court’s decision in United States v. Brown, 2 Cir., 247 F.2d 332, 339 (1957). See also United States v. Sorrentino, 175 F.2d 721, 723 (3 Cir., 1949), cert. denied 338 U.S. 868, 70 S.Ct. 143, 94 L.Ed. 532 (1949).