Judge Refuses To Hold Hearing In Medicaid Case

District Court Judge Elwood S. McKenney refused yesterday to hear the case of the nine people-including three Harvard students-charged with assault and battery in connection with the May 9 Medicaid protest because seven of the defendants insisted on acting as counsel for their own defense.

McKenney also raised the bail of eight of the defendants from personal recognizance to $5000. The bail of the ninth defendant, Coleman P. Harrison '71, who was charged with armed robbery in addition to assault and battery, remained unchanged at $5000. As of last night, six defendants had failed to post the necessary five per cent collateral and were returned to custody.

Indictment Proceedings

The case will now pass on to the Suffolk County Superior Court where a grand jury will be impaneled to begin indictment proceedings on June 7.

Yesterday's hearing was convened to determine whether there was probable cause for the Superior Court to begin proceedings.

'Mockery of Justice'

When two of the defendants told McKenney that they intended to act as their own counsel, he declined jurisdiction over the case and said he would not have the hearing degenerate into "a mockery of justice."

Thomas G. Shapiro, Harrison's lawyer, called the hearing a defeat because the defendants failed to get a chance to cross-examine the government's witnesses and "discover what case they'll make" in upcoming proceedings.