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Defense Postpones Hearing in Guy Case

By Rima Arnaout

The pre-trial hearing for Susan M. Mosher ’99 and Rene A. Ruiz ’99 was postponed from October 15 until November 19.

“The parties agreed to [postpone the pre-trial hearing],” said Michael Andrews, Mosher and Ruiz’s attorney. “It was at my request, and the prosecution didn’t object to it. ... It’s not unusual,” Andrews said.

The People vs. Mosher and Ruiz, was filed in response to the death of Richard A. Guy from nitrous oxide asphyxiation. The trial will be held in Cambridge District Court.

Mosher and Ruiz face numerous charges in connection with the death, including four counts of drug possession and conspiracy to violate drug laws.

Andrews declined to comment specifically on the strategy he’ll use in the defense of his clients, nor did he wish to comment on their guilt or innocence.

Mosher and Ruiz were not arrested but were instead summoned to appear in court Sept. 10, where they plead not guilty to the charges.

At the Sept. 10 arraignment, Cambridge District Court Judge Severlin Singleton also said that Mosher and Ruiz would not be allowed on the MIT campus without police escort.

According to Andrews, the pre-trial conference will be the first time when prosecution and defense meet to discuss information about the case.

The prosecution will exchange with the defense the products of its investigation, which could include police reports and search warrants. This way a case is not a trial by ambush, Andrews said.

“Generally speaking, a variety of pre-trial conferences or hearings can take place before a case ever gets to trial,” said Attorney Anson Kaye of the Cambridge District Court District Attorney’s Office.

While it is impossible to generalize for a specific case, “there are certainly cases that take over a year before they get to trial,” Kaye said.

No other students charged in case

At September’s press conference about Guy’s death, MIT Campus Chief of Police Anne P. Glavin had said that more charges may be filed against Mosher and Ruiz or that other students may also be charged in conjunction with guy’s death.

While investigation of “the case is still ongoing,” so far no other students have been arrested, Glavin said Friday.

Also, “we have not added any” more charges to the complaint against Mosher or Ruiz, Glavin said.

The charges against Mosher and Ruiz were filed at Cambridge District court by MIT Campus Police Officer Mary Beth Riley.