Massachusetts Guide to Evidence 2025 Edition MA R EVID § 525

(1) No comment may be made and no adverse inference may be drawn against a defendant who invokes the privilege against self-incrimination or against a defendant for calling a witness who invokes a privilege that belongs to the witness and not to the defendant.

(2) In a case tried to a jury, the assertion of a privilege should be made outside the presence of the jury whenever reasonably possible.