What is the state of the law in this case?

"Still further deference is due in this case . . . because we view the evidence from a cold record. [] [T]he appellate court is not in as good a position as the trial judge to determine the effect a defendant's disruptive conduct may have had on the proceedings. Even though facial expressions, gestures and other nonverbal conduct are often tremendously significant, they cannot be transcribed by the court reporter." (Badger v. Cardwell, supra, 587 F.2d at p. 973.) This last point is particularly apposite here,

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