Does the failure of memory by the time of trial of the witness who made a pretrial identification render the witness unavailable for cross-examination for purposes of the hearsay exemption or exception for pretrial identifications?

Evans v. Verdini, 466 F.3d 141, pin? (1st Cir. 2006) (district court denied petition for habeas corpus of a prisoner convicted for first-degree murder and sentenced to life in prison; defendant argued that district court's denial of his right to impeach Hawkins impaired his...The exclusion of exculpatory evidence in a criminal trial does not violate the due constitutional right to present a defense if the grounds for exclusion are not arbitrary or disproportionate.

Cf. United States v. Gwathney, 465 F.3d 1133, 1140-1142 (10th Cir. 2006) (holding that the trial court erroneously admitted Western Union's response to the DEA's subpoena as a business record exception because the proper foundation....There is a hearsay exception for a memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted activity of a business, institution, association, profession, occupation, or calling if it was the regular practice of that business, institution, association, profession, occupation, or calling to make the memorandum, report, record or data compilation, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness.

Fed. R. Evid. 804(b)(1) ("Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if ..., in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to...The hearsay exception for prior testimony applies in a criminal case only if the if the party against whom the testimony is now offered had an opportunity and similar motive to develop the testimony in the prior proceeding by direct, cross, or redirect examination. The exception applies in a civil action or proceeding only if the party against whom the testimony is now offered or a predecessor in interest had an opportunity and similar motive in the prior proceeding to develop the testimony by direct, cross, or redirect examination.