Pre-Trial Motions Heard Today Will Shape Hussain Rape Case

Motions that will determine procedure for the upcoming sex-offense trial of convicted rapist Dr. Arif Hussain, a former resident in anesthesiology at a Harvard-affiliated hospital, will be heard this morning in Middlesex Superior Court.

Hussain is tentatively scheduled to go on trial March 21 for allegedly raping one woman and sexually assaulting another in 1978, when they were has patients at Waltham Hospital.

Hussain and two other doctors were convicted last June of raping a nurse at a Rockport beachhouse the summer before.

Defense Attorney Thomas C. Troy said yesterday he has filed about 50 motions in the case, but the court will not hear all of them.

Most of the motions are requests for information from the district attorney. Prosecutors are required to share all their information with the defense, and Troy said there was "no way" he has received all he is entitled to

The rest of the motions concern jury selection and whether or not to try the two cases seperately. Last fall both cases were heard at the same probable cause hearing but Hussain's attorney at the time said the cases might better have been dealt with separately.

Asst Dist.' Atty William Kettlewell said yesterday he would rather try the cases together, "and let the jury hear the full story of what went on [at Waltham Hospital].

It is will uncertain what judges will hear the motions and the trial next month, Kettlewell said he was trying to get the judge who heard the trial year but had not yet received an answer.