The husband of the alleged rape victim in the trial of former Harvard-affiliated doctor Atif Hussain testified yesterday that his wife told him she had never raped when he asked why state police were questioning her.
The witness, the first for the defense, said that his now- wife told him on August 5, 1981, that "police were going to questions her about being an eye-witness to a rape."
However, when he asked for more details, the witness told the Middlesex County Court jury. "She bluntly stated that she knew nothing about a rape."
The woman, who has accused Hussain of raping her while she was under has care at Waltham Hospital in March 1978, testified last week that she never mentioned anything about Hussain until 1981 become the doctor had threatened that she "would be in pain the rest of her life" of the said anytime.
Hussain has already been convicted of raping a Frigham and Woman's Hospital nurse in 1980. In addition to the alleged March 1978 rape discussed in court yesterday he is also charged with sexually assaulting a woman in October of the same year at the Waltham facility.
Asst. District Attny. William N. Kettlewell '73 rested he prosecution's case earlier yesterday, after the defense cross-examined the state's final witness, State Trooper William Lisano, who questioned the alleged victims in the Waltham cases last year.
Chief defense attorney Thomas C. Troy accused Lisano of manipulating the women's statements and providing the prosecution with inaccurate transcripts, not based on notes taken during the questioning.
Lisand testified that he preferred to record summaries of his conversations with the alleged rape and sexual assault victims rather than taking notes while he questions them.
The jury was excused yesterday when Troy asked Judge Andrew G. Meyer to direct the jury to find Hussain "not guilty" on both charges because of insufficient and unreliable evidence presented the prosecution.
Meyer denied Troy's motion after kettlewell argued. "That's a jury decision, that why we have jurors."
Hussain will probably give testimony on Monday his lawyers said after the proceedings.
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