Dealing With Law & Disclosure

[RWHID]

Has anyone here had someone in their life that has had to deal with the law and how they were unable or able to prove whether or not they disclosed their HIV+ status? I've shared my personal dealings with the law on this before, some of my very firsts posts here, but just wondering if anyone else has been or knows of a friend who has been in the same boat? My boyfriend goes to court today, and it still doesn't look good. He has been in jail since August of last year. They have not offered him anything else - just count B felonies, open. They said if he were to accept the deal, it would be up to the judge to decide his punishment, up to 30 years. The shitty news about that is they also said the judge would not get to hear evidence in his case, that supports him - which would be from 3 witnesses that were against him, one admitted to lying when they took his testimony, the second admitted to lying to the first witness, then skipped town before they could serve him his subpena, and the prosecutor and public defender both said they are not worried about finding him, and the third witness that filed charges said he only did so because he would never sleep with a known positive person, but afterwards he went online trying to get me to have sex with him, knowing I was the guy's boyfriend and was positive. He and the second both admitted to me they lied to police because my boyfriend would not allow me to take part in a 4-way with them.

 

How can they not let information that helps him be given to the judge? The prosecutor and detective on the case have had it out for him since the beginning, and me as well. You think by finally telling the truth it would help, but it doesn't seem like is helping at all. He is on his third public defender, he currently has the main defender over all defenders in our area, but that doesn't seem to be helping. It took me months to get the jail to take him to a doctor and get him back on his medication, and after they did that they refused to have his prescription filled for a week, and more recently, refused to take him to see his specialist, even though the sheriff's department told his case manager they did take him. It took me telling her they didn't for her to contact them again for the truth, in turn made them end up taking him to the doctor.

 

It seems like when I get one thing accomplished, two more things come along and fuck it all up again. I just want my guy home, but I fill like I will never see him again unless it's a mugshot on the fucking news.

[rawTOP]

I've moved this to "What's it like to be poz". It's not really a general discussion sort of topic. I've left a redirect there, however.

The case sounds like a total clusterfuck. I'm incredibly against the criminalization of HIV. Sounds like he needs a specialist lawyer - something like Lambda Legal or the ACLU here in the states. If he was on meds, there's not even the risk of transmission. It's all just so wrong…

[RWHID]

I've moved this to "What's it like to be poz". It's not really a general discussion sort of topic. I've left a redirect there, however.

The case sounds like a total clusterfuck. I'm incredibly against the criminalization of HIV. Sounds like he needs a specialist lawyer - something like Lambda Legal or the ACLU here in the states. If he was on meds, there's not even the risk of transmission. It's all just so wrong…

He wasn't on meds at the time of his arrest. I'm not sure when he stopped, but he said it was because insurance wouldn't cover meds when he was working, and when he moved here he never tried again, just assumed the same result would come. It wasn't until I got involved and got Poz that I was able to find out who to see here about getting me started and him back. He was arrested 4 days before he was to start treatment again. They said they would make sure he seen the doctor and got his meds, they never did, and didn't until I believe January after I spoke to the local news and they did a report. They want me now to pay them (the jail) $100 per visit to his doctor for gas. I laughed at the though.

 

I have been in contact with Lambda, but their specialist lawyer can't do cases in Missouri, but they were very helpful with speaking with his former public defender about getting his treatment started again. I try to keep them updated, like they asked me to do, but as of late they seem to have gone mum, not replying to my emails.

 

As for ACLU of Missouri, I contacted them last year in November, and had nothing but a run around with them. First they sent a letter saying they couldn't offer any help for his case, and on the same day I got a call from them saying to ignore the letter and they were able to offer help, but needed more info... was told to call back a month later... calls never got returned, and in February received the same letter saying they couldn't offer any help. Then again last month, I received a third letter saying they couldn't offer any help. Not sure why they continue to send the same canned response letters when I even gave up calling them...

[wood]

I doubt this is going to help you much, but when you said "public defender" I cringed a bit.  I know plenty of friends involved with the law, and having a PD on a case like this is just a disaster.  

 

you best bet is to find any and every source of money to pay for a real criminal defense attorney at this point.  it shouldn't be a difficult case.  The cases of HIV transmission or exposure that result in jail time are almost always transmission, and or LOTS of people, not four guys total.  The problem is a PD doesn't have the time or will to make a good defense, which is why you need to pay for a good lawyer.  

 

Ask any friends or family, sell a car, sell ANY assets, see if you can get credit cards, etc, etc.  

 

With that said, I don't want to sound cold when I say this, but you also have to really judge your relationship with him. If you are going to be together forever, then its probably worth it to do whatever it takes.  if you are just infatuated, and miss him it may be time to cut your losses, and just help him mentally.    

[Poz1956]

I'm not sure if The Sero Project can do more for you than Lamda, but it's worth contacting them.

 

From Sero Project brochure

 

To talk to someone from the Sero Project, email your phone number and the nature of your inquiry to info@seroproject.com and we will get back to you as quickly as possible, usually within 24 hours