Is a defendant entitled to an evidentiary hearing on the failure of defense witnesses to give testimony?

A defendant is entitled to an evidentiary hearing on the failure of defense witnesses to give testimony only if he makes "an unrebutted prima facie showing of prosecutorial misconduct that could have prevented a defense witness from giving relevant testimony." United States v. Lord, 711 F.2d 887, 891 (9th Cir.1983). To make a prima facie showing, a defendant must establish that the evidence was relevant and that the prosecution deliberately intended to distort the judicial factfinding process by denying immunity to

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