Theater of the absurdACLU blasts Michigan prosecutors for bioterrorism charge against HIV-positive man
Prosecutors in Michigan are charging an HIV-positive man with violating the state’s bioterrorism law for biting his neighbors during an altercation; the ACLU claims the statute behind the state’s bioterrorism law was not intended to cover an HIV-person biting another person; prosecutors charged the man with assault and later added a bioterrorism charge on claims he was trying to use the virus as a weapon
The American Civil Liberties Union of Michigan is urging a Macomb County Circuit judge to drop a bioterrorism charge against an HIV-positive man accused of biting his neighbor (see “HIV-as-Terrorism Case Draws National Attention,” 10 December 2009 HSNW). In a friend-of-the-court brief filed late Wednesday, the group claims the statute behind the state’s bioterrorism law was not intended to cover an HIV-person biting another person. The group argues the charge against Clinton Township resident Daniel Allen should be dismissed because HIV is not transmitted through biting if the alleged biter is not bleeding. No evidence has been presented to show Allen was bleeding when he allegedly bit his neighbor’s lip in October 2009 during a dispute over a football.
Prosecutors charged Allen with assault and later added a bioterrorism charge on claims he was trying to use the virus as a weapon. The case is being heard before Macomb Circuit Judge Peter Maceroni.
“This state law was passed in reaction to the Oklahoma City bombing and is designed for incidents of bioterrorism. One does not become a bioterrorist because he has HIV,” Jay Kaplan, ACLU of Michigan LGBT Project staff attorney, said in a statement. “It’s outrageous and disingenuous to charge someone with this crime simply because of their HIV status. The promotion of myths and falsehoods through this prosecution will only further hurt and stigmatize people living with HIV.”
The ACLU says, to its knowledge, this is the first time the bioterrorism law has been used in connection with the prosecution of an HIV-positive person.
The ACLU said the Center for Disease Control (CDC) and other medical and scientific experts say the HIV virus cannot be spread by saliva unless it contains blood. Contact with saliva, tears, and sweat alone has never been shown to transmit HIV, they say.
Detroit News’s Christine Ferretti writes that prosecutors allege Winfred Fernandis Jr., along with his daughter and son, got into a disagreement with Allen on 18 October after some kids tossed a football into Allen’s front yard. Fernandis has claimed Allen attacked him. Police and prosecutors say Allen was the lone attacker in the fight. Allen’s attorney, James L. Galen Jr., has said his client was the victim. It was Fernandis and his family that took turns beating Allen, Galen claimed.
Macomb County Prosecutor Eric Smith could not immediately be reached for comment.
