testimony.


5
Filippi, however, was unable to secure the presence of Jines-Diaz at trial, although not for lack of trying.  It appears from the record that the following events transpired just prior to and during Filippi's trial.  Filippi's wife, Pierette Teychenne, traveled to Ecuador to request that Jines-Diaz travel to Puerto Rico in order to appear at the trial.  Jines-Diaz agreed to testify, and on September 19, 1989, accompanied Teychenne to the American Embassy in Quito to obtain an entrance visa.  The Vice-Consul in Quito denied the visa.


6
On September 25, Filippi's counsel wrote a letter to the United States Attorney prosecuting the case, informing her of the above events and requesting her assistance in procuring a visa for Jines-Diaz.  A second letter dated September 26from Filippi's counsel to the United States Attorney reiterated the necessity of obtaining Diaz at trial.  It does not appear that the United States Attorney responded to these letters.


7
Filippi's trial commenced on September 28.  Before the jury was called, counsel for the defendant spoke to the trial judge and requested his help in securing the presence of Jines-Diaz.  The trial judge expressed uncertainty about the appropriate procedures, and asked the United States Attorney to lend assistance.  On September 29, the trial judge wrote a letter to the Vice-Consul in Quito urging that Jines-Diaz be given a non-immigrant visa.  The letter read:

TO WHOM IT MAY CONCERN:

8
It has come to our attention ... that the United States Consul's Office in Quito, Ecuador will reconsider the