Debate in Hussain Trial Halted While Judge Reviews Evidence

Testimony is expected to resume today in the trial of former Harvard affiliate Dr Arif Hussains, after a day and one half of legal maneuvering over the contents of a witness's psychiatric record.

A thirty-five year-old woman who has accused Hussain of raping her while she was undergoing treatment for backache at Waltham Hospital in 1978 has claimed patient privileges to keep her psychiatric records from being used as evidence in the case.

Thomas C. Troy, head of the three-man defense team, has said that he would attempt to use the records to show that the woman was faking her backache. The witness, who has a long history of drug and alcohol abuse, has been admitted many times to mental hospitals.

The woman has forbidden the use of her more than 5000 pages of psychiatric records under a Massachusetts law that allows witness in crucial trials to refuse disclosure of their records.

But Troy has asserted that portions of her files contain medical data which legally can not be excluded from evidence.

Assistant District Attorney William H Kettlewell '73 called "remove and irrelevant" the defense suggestion that the medical histories will show that the woman is unable to remember the time period when the rape is alledged to have taken place.

To settle the debate, Judge Andrew G Meyer '45 has spent most of the last two days examining the records to determine what is admissible as evidence. Troy has expressed satisfaction with yesterday's proceedings, which occurred entirely in the judge's chambers, saying the judge "is allowing material that's relevant.

Kettlewell said the last day and one half of closed negotiating "should eliminate lengthy courtroom haggling when the witness is on the stand." During the proceedings yesterday the jury remained sequestered at the Ramada Inn in Medford.

Kettlewell said that he expected the trial to go on for "a week and a half or two weeks, but added, "at this rate maybe forever."