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First Day of Testimony Opens In Rape Trial of Arif Hussain

By Mark E. Feinberg

Testimony in the rape trial of former Harvard-affiliate Dr. Arif Hussain began yesterday, with a 29-year-old woman telling the jury that the doctor sexually assaulted her while she was a patient in Waltham Hospital in 1978.

Hussain--already convicted of raping a nurse in 1980 but set free pending an appeal of the case--in on trial for allegedly attempting to rape yesterday's chief witness. Lindsey Kilgore, and for allegedly raping another Waltham patient, Judith McDonald, who is scheduled to testify next week.

Kilgore told the jury that Hussain entered her room at 3 a.m. on October 19, 1978, and began rubbing her stomach, eventually moving his hand "down to the vagina area." She added that he took her hand and started "rubbing it against his crotch" but left the room when she began "stirring."

Opening Remarks

During opening remarks Thursday, defense attorney Thomas C. Troy said Hussain's contacts with both women were part of legitimate physical examinations. Hussain, as well as his wife, will testify later in the trial, defense attorneys said yesterday.

The prosecution also called to the stand yesterday nurse Larry Haak, who was on duty at Waltham Hospital the night the alleged incident involving Kilgore took place. As she walked by Kilgore's room at 3 a.m., Haak said she saw Hussain sitting on Kilgore's bed listening to her back with a stethoscope.

Haak said that doctors usually do not make rounds during the night. She added that Hussain had helped give Kilgore an I.V. earlier during the night but had not been called in at 3 a.m.

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