How is this any different than when those big and small call witnesses to their defense they know will not come. For instance, Milosevic's defense team in his war crimes trial attempted, moronically, to call former PM Tony Blair and former US President Clinton as witness. I am sure they knew he would not show up.
http://news.bbc.co.uk/2/hi/europe/3613020.stm
I also recall Saddam doing similar things in his trial. Is there not a name for this type of failed legal tactic?