Legal Question in Criminal Law in Massachusetts

Re: Sain

Not sure I know what you mean by S.A.I.N. "Hearing". I can tell you about a S.A.I.N. interview.

S.A.I.N. stands for Sexual Abuse Intervention Network. A S.A.I.N. interview is an interview of a child that is alleging some sort of sexual abuse. The interview is supposed to be done by a trained investigator who is supposed to avoid asking the child leading questions and stress the importance that the child tell the truth. All of the interviews follow a standard protocol designed to make the child feel comfortable, determine whether the child is competent to testify and knows the difference b/t the truth and a lie. In many cases this interview is conducted in a room with a two way mirror, and representatives from the police, D.S.S.,and the D.A.'s office watch in another room through the mirror, but do not participate. In some counties (Plymouth) the interviw is videotaped and Defense Counsel can get a copy of the tape.

As to "What is decided at a S.A.I.N.", my experience is that criminal charges have already been brought by the time of the S.A.I.N. interview, and the interview is merely a tool for investigators to obtain more information from the child to prosecute their case.

In some cases, defense attorneys try to get the child's statement at such interviews thrown out of court, alleging that the process was tainted by the investigator asking leading questions, or coaching the child, or because of the child's inconsistent answers to questions. This is commonly referred to as a "Taint Hearing".

I hope this answers your question.

Robert P. Kidd

(508) 823-7400