Elizabeth Rust Receives 6-Month Sentence for 3rd OUI Conviction

A last-ditch effort by Attorney Seamus O'Kelly to give his client, Elizabeth Rust, a 24-hour stay of execution after she was found guilty of two OUI charges was denied Thursday in Framingham District Court, as the the Sudbury Department of Planning and Community Development employee was placed in handcuffs and taken away to begin a six-month prison sentence at MCI Framingham.

A jury of six — four women and two men — took less than an hour to find Rust guilty of:

• Operating under the influence;
• Operating under the influece with a blood alcohol level over the legal limit of .08;
• Marked lanes violation.

During closing arguments on Thursday, O'Kelly claimed the reason behind the accident was because Rust was reaching for her cell phone.

While on the stand on Wednesday, Rust admitted to having two Cosmopolitans that night at a local restaurant (Lavender Asian Cuisine & Bar) but did not feel the affects of those drinks, O'Kelly said.

Assistant District Attorney Warren Lee countered by saying Rust admitted to having "two stiff vodka drinks on an empty stomach" and to "driving negligently" that night.

According to the police report, Rust told Officer Erin Corey she had left Town Meeting the night of May 8. Rust repeatedly told Corey she worked for the town.

Corey asked Rust if she would take road sobriety tests, and originally agreed. But Rust started to complain of dizziness and was transported to Emerson Hospital.

Corey noted in her report there was a strong odor of alcohol emanating from Rust, that her speech was slurred and her eyes were bloodshot.

At one point, Corey also noted Rust said she couldn't see her despite standing 2 feet away.

"She said she was out of sorts because of the accident," Lee said. "Isn't it more plausible it was because she was under the influence? She was scared about getting into trouble. That accounts for her behavior."

While at Emerson, the nurse on duty, Melissa Mace, drew blood from Rust. Test results showed she had a blood alcohol content of 0.16, double the legal limit.

O'Kelly argued no one could know whether that blood sample had been tampered with.

After the guilty verdict was read, O'Kelly asked the judge for a stay of execution because the government had not proved beyond reasonable doubt that his client was the same Elizabeth Rust who was convicted of two other OUI charges more than 20 years ago.

The judge denied the request.

Lee recommended a 2 1/2-year sentence and eight years loss of license for Rust.

The judge agreed to the eight-year suspension, but ordered Rust to serve six months in the house of corrections with the rest suspended until Sept. 28, 2015.

Rust was also fined $415 and was forced to hand over her driver's license.