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Commonwealth v. Cates4/10/2003
does not establish good cause. In this case, for example, there is no evidence that Jane ever appeared at a probable cause hearing or before a grand jury. Compare Commonwealth v. Hill, 52 Mass. App. Ct. at 153 (victim had given factually detailed sworn testimony before the grand jury).
Nevertheless, the facts of this case are sufficient to support the judge's conclusion that testifying would have been unduly stressful for the victim, even if not for the reasons given. The police officer testified that Jane, who was fourteen years old, was upset and crying during her interview. The judge was able to observe Jane's demeanor during the tape recorded SAIN interview. She had only recently moved away from the town where the alleged rape took place so that she was isolated from her friends there. Moreover, the defendant, in whose house she had stayed before, was the father of Jane's good friend, who was two years older than Jane and who attended the revocation hearing and testified for her father.
In sum, while more specific findings from the judge would have been preferable, there was sufficient evidence before him to support findings of good cause and substantial trustworthiness. The order revoking the defendant's probation is therefore affirmed.
So ordered.
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