|Turner, Davis, Coleman & Baker|
Thursday, January 23, 2014
A Georgia jury found an HIV-positive pastor guilty Tuesday of knowingly exposing a woman to the disease and faces 20 years for the crime, the Atlanta Journal-Constitution reports.
Craig Lamar Davis (pictured) was said to have sat motionless as the jury read guilty verdicts in two counts of reckless HIV, both of which are felonies. Deliberations took less than an hour. The case was the first of its kind in Clayton County, G., which falls in the metropolitan Atlanta area.
“We are pleased with the verdict,” said Kathryn Powers, deputy chief assistant district attorney, one of three prosecutors in the case, told the Journal-Constitution. “They (jury) were able to weigh the validity of testimony of people who don’t believe AIDS or HIV exist.”
The jury reached a verdict Friday, but wanted to sit on it until Tuesday.
Prosecutors said that Davis , who is now divorced, was a married minister when he had an affair with two women and did not tell either that he was HIV positive, according to CBS Atlanta. During his trial, Davis admitted that doctors diagnosed him with HIV in 2005. And while he admitted having sex with a Fulton County woman, the former pastor denied a sexual encounter with his second accuser, Ronita McAfee of Clayton County.
“As Ronita was upset, panicky, thoughts running through her mind, the defendant’s reaction was to tell her, ‘don’t worry about it. It’s not a death sentence,’” Powers said during the trail. “‘Don’t you worry about it. There is medicine you can take if you catch it early.’”
Davis’ attorney, John Turner, contended that his client never had sex with McAfee and described her as a “nutcase.”
The harsh name calling did not surprise McAfee “I didn’t not expect it,” she said. “I expected it to be said. I just stayed strong in my convictions and continuously moved forward.”
In what may have been the oddest development during the trial, an expert witness for the defense testified during that Davis’ crack cocaine use at the time may have caused him to be misdiagnosed for HIV and that no test on the market can definitively determine is someone has the virus.
“The (current HIV) test is an antibody test,” (Dr. Nancy) Banks told The Atlanta Journal-Constitution after her testimony. “They don’t know where those antibodies come from. They’ve never been able to isolate the virus from the protein.”
Banks, who testified on behalf of the defense, was asked to review Davis’ medical records during the time he was alleged to have been diagnosed with the virus. On Thursday, Davis said during his testimony he had used crack cocaine.
“When I looked at the admission history and his physical exam (records), I didn’t think he had a very good history,” Banks said. “The doctor neglected to ask him pertinent questions.”
“What questions?” Baron Coleman, an attorney working with the defense, asked.
“Drug use,” Banks said, noting that crack users often develop symptoms such as thrush and certain types of pneumonia that mimic the HIV virus.
“When people smoke crack cocaine, they can develop crack lung,” Banks said. “His (Davis) X-ray was consistent with that.” She noted that the pneumosistis, a pneumonia often associated with HIV, is usually detected post-mortem. She also said that thrush, a yeast condition also associated with HIV and AIDS, is a side-effect of cocaine use."
The prosecution balked at the argument.
McAfee, 38, says she has consistently tested negative for the virus that causes AIDS, but the Clayton County woman tested positive a a year after her relationship with Davis began.Now Davis has to defend himself against a similar case in Fulton county. He is set to be sentenced for his conviction from the Clayton County case in February
Posted by Seth Kalichman at 9:19 PM
Tuesday, January 21, 2014
Saturday, January 18, 2014
Clayton County jury returns Tuesday to deliberate HIV case
By Kathy Jefcoats
JONESBORO — Prosecutors said Friday it’s “absurd” to believe a woman would knowingly have sex with a man who is HIV-positive but defense attorneys called the woman a liar.
Posted by Seth Kalichman at 4:02 PM
Friday, January 17, 2014
Project Q Atlanta
By Matt Hennie | Jan 16, 2014 | 12:44 PM
It's tough to tell what's worse in a metro Atlanta case criminalizing HIV: a prosecutor comparing the disease to a deadly weapon, the accused man arguing his HIV status can't be proven or HIV deniers spouting their junk science.
The trial of Craig Lamar Davis opened on Monday in a Clayton County court and quickly turned into a three-ring circus. Davis faces two counts of failing to disclose his HIV status before having sex, which is a felony punishable by up to 10 years in prison. Gay and HIV activists criticize the law, saying it prevents people from getting tested and further stigmatizes people with the disease. Prosecutors say Davis, 42, had sex with two women, didn't use condoms and exposed them to HIV.
But the case has put people with HIV and the tests used to detect the virus on trial as much as Davis.
A prosecutor overreached in his opening statement, going all weapons of mass destruction.
“When he wakes up in the morning, he has it with him. When he eats lunch, he has it with him. When he goes to bed at night he carries it with him,” Clayton County Deputy Chief Assistant District Attorney Kathryn Powers told a jury Tuesday. “Unlike the deadly weapons you can see - like a gun, knife or a bomb, this deadly weapon is something people have to rely on the defendant to tell them about.”
Davis has done his part, too, casting doubt on whether he's really HIV-positive, despite writing exactly that on jail intake forms after an arrest in 2009. Doctors diagnosed him as HIV-positive in 2005, according to prosecutors.
"Upon what my attorney just said, I would say no," Davis says in response to a reporter's question about whether he's HIV-positive. Watch his cofounding statements in the clip above.
His attorney, John Turner, weighed in. You know, to say that HIV tests are bunk.
Defense attorney John Turner told the jury not to be swayed by the state’s dramatic opening. Stick to the facts and the fact is, Turner said. ”There is no definitive test - scientific or medical for (the detection) of HIV. No such thing.”
So you say? Uh-huh. Where'd the notion come from? You can thank the HIV deniers of Los Angeles-based Office of Medical and Scientific Justice, which has inserted itself into Davis' case. Say what you want about whether bareback sex should result in criminal charges, but to argue that HIV doesn't really exist and tests that prove its existence are junk science is, well, a bit of junk science on its own.
“We expect this case will corroborate what we’ve found in all of our other cases … and that is the testing, diagnosis and treatment of HIV in this country is wildly inaccurate and inflated and incompetent,” Baker said.
The gay panic defense has gone mostly away, only to be replaced with an equally offensive HIV deniers defense. Oh sweet progress.
Posted by Seth Kalichman at 11:14 AM