An expert witness questioned the validity of an 11-year-old boy’s testimony about being indecently assaulted by a gay foster parent at a Wednesday, Oct. 24, hearing.

While the expert questioned the boy’s testimony for the defense, the assistant district attorney questioned the validity of the expert during a hearing held to determine whether the child’s testimony was tainted. Such a hearing can be requested to help a judge decide if a child’s testimony was skewed by factors such as incorrect memory formation, parental influence or investigators.

The boy has accused Cecil Hallin, 43, of Clay Township, of showing him pornography, teaching him how to masturbate and touching him inappropriately while under his care for about four months when the boy was 9 years old, according to court documents.

Hallin, represented by Pittsburgh-based attorney Dachan Furnace, was charged in December 2023 with one felony count each of indecent assault, corruption of minors, child endangerment and misdemeanor indecent exposure.

“I’m seeing a lot of red flags,” said expert witness Melody Caldwell, about the boy’s statements up to this point in the case.

The Pittsburgh-based licensed psychologist was called by Furnace to testify due to her expertise in child psychology and forensic interviewing.

Caldwell testified she felt the boy’s testimony could have been influenced by his loyalty to his mother and her apparent dislike of gay people. Caldwell said the boy testified he knew his mom did not like that Child Youth Services in Lawrence County had placed her son with gay foster parents.

Caldwell said the boy’s mannerisms and answers in the Child Advocacy Center forensic interview led to her conclusion. She had viewed a tape of the interview, which took place about three to four weeks after the alleged incident when the boy was 9.

In Children’s Advocacy Center forensic interviews, the child is supposed to lead the narrative so they are not being led in any particular direction. Caldwell said the forensic interviewer’s techniques were sound, but she had concerns with some events in the interview.

However, assistant district attorney Laura Pitchford questioned if Caldwell was qualified to serve as an expert on child forensic interviews. Caldwell said she had witnessed and practiced forensic interviews, but had not conducted any while working in a Child Advocacy Center.

Pitchford said all forensic interviewers certified to work in a Child Advocacy Center are trained and certified under narrowly tailored protocols, which Caldwell was not, although Judge Joseph Kubit allowed Caldwell to testify.

Caldwell highlighted the boy was under his mother’s care between being removed from the foster home and the forensic interview, which allowed the boy’s recollection to be “contaminated.” She said the boy also provided disorganized information at times that wasn’t relevant to the question he was asked.

The most significant inconsistency she saw while reviewing the interview was between the boy’s recollection and drawing of the alleged incidents.

Caldwell established that memory can be affected by a variety of factors including stress, safety and routine. She said the child had moved around a lot between family members and foster care, but she felt he has a sense of loyalty to his mother based on testimony about their relationship.

Caldwell said because of that loyalty, the boy could be more likely to take his mother’s viewpoints.

“He clearly wants to be with his mom,” Caldwell said.

Caldwell and Furnace also highlighted the interaction between the boy and his mother when they were reunited. Furnace said his mother greeted him by asking if he was touched by his foster parents instead of saying hello, which could have led the boy to believe he was touched.

Assistant district attorney Laura Pitchford countered that the boy’s mixed recollection could simply be attributed to foggy memory, miscommunication and not understanding the rules of a forensic interview.

She recalled that Caldwell said the forensic interviewer’s methods were sound. She said, while details surrounding the accusation may be inconsistent, the crux of the accusations remained the same.

“It’s too large of a jump to attribute to taint in this matter,” Pitchford said about how the mother’s perceived dislike of gay people contributes to the case.

Pitchford said it’s also not uncommon for children to disclose what happened after being removed from the environment. She added that children are told why they are there when they go to the Children’s Advocacy Center for a forensic interview.

The attorneys and judge also tested the young boy in the beginning of the hearing to verify he understood the difference between the truth and a lie and the consequences of telling a lie. The court concluded the boy understood.

Kubit will assess before the next hearing if the boy’s testimony was tainted.