In Bing Fa Yuen v. State, 43 Md. App. 109, 403 A.2d 819 (1979), the witness in question refused to apeak to one party's attorney prior to trial, however, she was available through the State's Attorney's Office and could have been subpoenaed to testify at trial. In Bing Fa Yuen, we held that a witness will be presumed ". . . 'equally available' . . . unless appellants showed the court below that they had exhausted the avenues available to them to produce her." Id. at 112 . The missing witness instruction is only applicable to situations in which ". . . the testimony or evidence is material, noncumulative and the witness is 'peculiarly' available." Id. at 114. The trial judge is afforded discretion in instructing the jury about inferences to be drawn because, "in most instances, emphasis of one possible inference out of all the rest by a trial judge can be devastatingly influential upon a jury although unintentionally so." Id.