The following excerpt is from United States v. Polisi, 416 F.2d 573 (2nd Cir. 1969):
The right does not come into play where there is an absence of testimony by a potential witness. In Parker the errant bailiff was in effect a witness before the trial jury, outside the courtroom. The Sixth Amendment safeguards the right of cross-examination, but it does not require the calling of any particular witness. Curtis v. Rives, 75 U.S.App. D.C. 66, 123 F.2d 936 (1941); Eberhart v. United States, 262 F.2d 421 (9 Cir. 1958).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.