concurring and dissenting:
I concur in the Majority’s position that Appellant’s constitutional rights of confrontation and cross-examination were not violated during a criminal proceeding in which closed circuit television was utilized. However, I dissent from the conclusion that since Appellant was removed from the courtroom and placed in a room alone while the victim testified in court, that his due process rights were violated. (Appellant was provided with a closed circuit television to watch and listen to the testimony, as well as an audio device through which he could speak to his counsel).
This Court in the recently decided case of Commonwealth v. Ludwig, 366 Pa.Super. 361, 531 A.2d 459 (1987), held that: 1
[t]he use of closed circuit television in child abuse cases, where the child is unable or reluctant to testify against an adult member of the family, is a minimally intrusive infringement on the right of confrontation. Considerations of public policy require that testimony from the alleged victim of abuse be received without further psychological injury to the child. So long as the right of *475cross-examination is preserved in such cases and all interested persons can observe the alleged victim as he or she testifies, the use of closed circuit television is not prohibited by the confrontation clause of the federal or state constitution.
Id., 366 Pa.Superior Ct. at 369, 531 A.2d at 463. Additionally, since the trial in Ludwig, the Legislature has provided by statute for receiving the testimony of child abuse victims by closed circuit television for good cause shown. See: 42 Pa.C.S.A. § 5985(a).
In light of the fact that both common and statutory law have recognized that it is not necessary for both the defendant and the testifying victim to be in the courtroom simultaneously in order for the confrontation clause to be satisfied, the question then becomes how can the credibility of a witness best be judged; by the trial court’s direct observation of the testifying witness or the trial court’s observation of the defendant as to whether it finds the witness’s testimony credible. In my concurring opinion in Ludwig, I stated that:
[w]hen faced with the necessity of utilizing televised testimony of a child witness, courts should explore the possibility of keeping the witness in the courtroom before the jury. The defendant can observe the trial via closed circuit television. If possible, the jury should be able to observe the witness, not through the eyes of a television camera, but in person. See: Matter of Appeal in Pinal County Juvenile Action, 147 Ariz. 302, 709 P.2d 1361 (App.1985); Arthur, Child Sexual Abuse, Vol. 37, No. 2, Juv. & Fam.Ct.J. pp. 32-33. (1986).
Id., 366 Pa.Superior Ct. at 379, 531 A.2d at 468.
I do not dispute that a defendant is constitutionally entitled to be present at each critical stage of criminal proceedings against him. Commonwealth v. McLaurin, 292 Pa.Super. 392, 437 A.2d 440 (1981). However, I do not find that he was denied due process for the period that he was removed from the courtroom, as he had full view of the proceedings and complete ability to communicate with his attorney. The trial court had the opportunity to directly *476observe the demeanor of the child witness, without the intimidating presence of the defendant, while concurrently the defendant viewed the testimony and if necessary could directly communicate with his counsel. I believe this procedure properly balances the rights of both parties, and provides a far better opportunity for the court to observe the witness’ deportment and credibility.
Inasmuch as I believe that neither Appellant’s right to confrontation, nor his right to due process were herein violated, I would affirm the judgment of sentence.