Procedural Question Remain For Upcoming Hussain Trail

Despite several hours of legal maneuvering yesterday, several major procedural questions remain unanswered concerning the upcoming sex-offenses trial concerning the upcoming sex-offenses trial of convicted rapist Dr. Arif Hussian, a former resident in anesthesiology at a Harvard affiliated hospital.

A Middlesex Supreme Court judge heard several motions yesterday concerning the transfer of evidence from the prosecution to the defense but postponed a decision on issues of jury selection and whether to try the two charges of sexual assault he faces together or separately.

Hussain--who last June was convicted with tow other doctors of raping a nurse faces trial next month for allegedly raping one woman and sexuality assaulting another in 1978 when they were patients under his care at Waltham Hospital.

Prosecutors are required to share on request by the defense any information pertinent to the case judge yesterday ordered Asst Dist Atty William Kettlewell to preserve all of his witness interview notes for defense inspection.

The most important question remaining whether or not to try the to pending charges at the same time or independently, probably will not be decided for several weeks. Kettlewell said The prosecution maintains that the cases are related and it would be expeditious to try them together but Defense Atty. Thomas C. Troy said yesterday the cases don't properly belong together.

Troy said the alleged assaults did not take place at the same time and trying them together might mislead the jury into thinking the incidents were related and if they thought Hussain guilty of one but not guilty of the other they still might vote to convict on both.

Kettlewell said yesterday's proceedings were insignificant and that the separation question and how to select the jury probably would not be decided until just before the trial starts March 21.

Jurors are usually chosen individually, but Troy said earlier this week he is asking for a special process in which all potential jurors are grouped together during selection. Such a system allows him to get a better idea of what a potential jury would look like and select one that would be responsive to his case he said.