In a criminal case, a defendant cannot be deprived of the opportunity to put his evidence and version of the facts before the jury so “as to deprive a criminal defendant of his Sixth Amendment right to confront and cross-examine his accuser and to call witnesses in his defense,” Winfield v. Commonwealth, 225 Va. 211, 218, 301 S.E.2d 15, 19 (1983), (citing Davis v. Alaska, 415 U.S. 308 (1974)), or simply because the trial court finds the prosecutor’s version more credible than the defendant. See Graves v. Garraghty, 618 F. Supp. 1348, 1350-51 (E.D. Va. 1985).
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