Charge dropped in HIV infection case

One day before trial was scheduled to begin, prosecutors this morning moved to drop a charge against a Lawrence man charged with exposing women to HIV. The charge against Robert W. Richardson II was dropped in a hearing in District Court. Prosecutors said they also plan to drop the three other cases in which Richardson is charged with exposing other women to HIV- but that all four cases are being re-filed and consolidated into one case. Dist. Atty. Charles Branson said his office needs more time to research the state’s law pertaining to HIV-exposure, in light of a defense motion filed earlier this month that challenges the law’s constitutionality. “This case will be tried,” Branson said. “The constitutionality of this issue is going to be decided. The only thing this is is the process. This has nothing to do with the strength or weakness of either side’s case.”Defense attorney Thomas Johnson filed a motion Aug. 7 arguing the law Richardson is charged with breaking- a felony called “Exposing another to a life threatening communicable disease” – is overly broad and unconstitutional. “All sex by persons who have knowledge that they are infected by a life-threatening disease is subject to prosecution,” he wrote. “A statute this broad would be violative of an individual’s liberty rights and due process.”Richardson’s first of four trials was scheduled to begin Wednesday. During a pre-trial hearing Monday, prosecutors asked for the trial to be delayed to give them more time to respond to Johnson’s motion, but Judge Stephen Six turned down the request.The law was enacted in the early 1990s, but Branson said it appeared this would have been the first time a case charged under the law had gone to trial.He said his attorneys needed more time to research the history of the law, legislators’ intent in drafting it, and laws in other states.”We believe that it’s appropriate for us to put together the best arguments that we can,” he said. Richardson is still being held in jail and has a charge pending in Lyon County with bond set at $50,000. Branson said he also would have a new bond set in the consolidated Douglas County case.-contributed by Eric Weslander.