What is the effect of prejudicial conduct, rulings and statements on the part of the trial judge?

All defendants contend that they were denied a fair trial because of prejudicial conduct, rulings and statements on the part of the trial judge during the nine-day trial. See, e. g., United States v. Nazzaro, 472 F.2d 302 (2d Cir. 1973); United States v. Dellinger, 472 F.2d 340, 385-391 (7th Cir. 1972), cert. denied, 410 U.S. 970, 93 S.Ct. 1443, 35 L.Ed.2d 706 (1973). Specifically they point to the judge's threats to hold counsel in contempt, his order (later vacated) holding one defense attorney in contempt, his rebukes of defense counsel and deprecatory remarks regarding their conduct of the defense, his interference with the examination of witnesses and his disparaging comments regarding the defense. A rather impressive array of rebukes, threats and harsh statements by the trial judge, taken out of context, are quoted in appellants' briefs as demonstrating

[491 F.2d 468]

that the judge displayed to the jury such favoritism toward the government, such bias against the defendants, and such hostility toward their counsel, that they were precluded from obtaining the impartial consideration of the evidence by the jury to which they were entitled.

[491 F.2d 468]