What is the test for a claim of prejudice against witnesses who have not been able to give evidence at trial?

California, United States of America

The following excerpt is from People v. Gomez, G040178 (Cal. App. 5/7/2009), G040178 (Cal. App. 2009):

The trial court stated that the nature of any testimony the witnesses might have been able to give was purely speculative. "[S]peculation about prejudice because potential witnesses' memories have failed or because witnesses and evidence are now unavailable is insufficient to discharge defendant's burden. [Citation.] A particular factual context must be established in which a specific claim of prejudice can be evaluated." (Shleffar v. Superior Court (1986) 178 Cal.App.3d 937, 946.)

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