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Judge turns down challenge to HIV case

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A Douglas County judge will not dismiss charges against a Lawrence man accused of exposing women to HIV, and the man now faces a new HIV charge in Wyandotte County.Judge Stephen Six ruled in a decision dated Friday that the state's HIV-exposure law is not unconstitutionally vague or overly broad- a ruling that means trial will go forward in Douglas County for 30-year-old Robert W. Richardson II. The decision was not avialable for public view until today."Clearly, the state of Kansas has a rational basis to regulate and criminalize sexual conduct involving persons who have tested positive for HIV and may subject others to the risk of contracting the potentially life threatening disease," Six wrote. Richardson is charged with exposing four women to HIV in Douglas County in the past year through sexual contact. In addition, he faces similar charges in Johnson County, Mo. and in Lyon County.An arrest warrant in a new HIV case out of Wyandotte County was served on Richardson during the weekend at the Douglas County Jail, where he is incarcerated as he awaits trial. In other crime-related news:¢ Stranger danger:A 10-year-old girl told police a man approached her and talked to her around 7:30 p.m. Aug. 30 as she was riding her bicycle through Naismith Valley Park with a friend, according to a police report released today. The man did not touch the girl, but the girl went home and told her parents, who called police. The wooded park has been the scene of [sexual assaults][1] in past years.¢ Murder hearing set: A preliminary hearing has been scheduled for Oct. 17 for Leonard W. Price, a Topeka man charged with killing a retired jeweler in Lecompton in a home burglary in April 2005. In addition, Judge Michael Malone is expected to approve a gag order in the case that will prohibit attorneys from making out-of-court statements while it is pending. Price's attorney, Craig Stancliffe, and Dist. Atty. Charles Branson agreed on that order.¢ LSD deal: An Albuquerque, NM man originally charged with felony drug-dealing at the Wakarusa Music & Camping Festival has received a fine and unsupervised probation after reaching a plea agreement. In a hearing last week in District Court, Judge Paula Martin ordered Dustin D. Russell to pay a $500 fine and court costs and placed him on 6 months' unsupervised probation.He was initially charged with dealing LSD, but the charge was reduced to misdemeanor drug possession as part of a plea agreement with Dist. Atty. Branson's office.In an interview after his arrest, Russell admitted using LSD- or "getting spun" - at concerts to enhance the experience of the music."It's just part of the scene," he said. But he denied that he was selling the drug.-contributed by [Eric Weslander.][2] [1]: http://www2.ljworld.com/news/2004/jun... [2]: http://www2.ljworld.com/staff/eric_weslander

Comments

KansasKel 7 years, 7 months ago

That dude sure did find a lot of chicks to have sex with!

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Marion Lynn 7 years, 7 months ago

Newsreader:

Thanks!

Actually, I no longer live in Perry.

I now am building new digs right in Beautiful Lawrence, Kansas!

If they ever get the surveying and all that done!

;)

Thanks.

Marion.

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newsreader 7 years, 7 months ago

Marion;

I have to say, very rarely do I disagree with what you are "saying." Aside from the fact that you live across the bridge and don't represent the Alvamar district (from what (I gather, anyway), I would have to say that you're all right.

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KSFINEST 7 years, 7 months ago

LSD a misdemeanor musta been a white guy.

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Rhoen 7 years, 7 months ago

True, macon47, and shown him how to get to Naismith Valley Park.

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Marion Lynn 7 years, 7 months ago

See, the thing is that if you are a carrier of an essentially 100% fatal disease and you go around exposing others to that disease without their knowedge or consent, you are attempting murder.

I said quite a while back that the law would be upheld.

Daddax98:

This law does not regulate sexual behaviour between conseniting adults.

The law only says that if you go around intentionally spreading disease, you will end up behind bars, as well you should!

I told you that this guy was a Typhoid Mary!

Thanks.

Marion.

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macon47 7 years, 7 months ago

at least paula martin didnt get the case she would have taken the guy to lunch and picked up the tab

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daddax98 7 years, 7 months ago

If he uses the rational basis test then yes his decision is correct but I think that any law that regulates sexual contact between consenting adults would be subject to a higher level of scrunity

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Sigmund 7 years, 7 months ago

Looks like I was wrong on the Constitutionality of the "HIV exposure" Law. At least Judge Six disagreed with me. Anyone have link to his decision?

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Sigmund 7 years, 7 months ago

Strange, but I saw what look like a homeless guy (I think i have also seen him in downtown doorways) sitting on the walking/biking trail that winds through the wooded area of that park last Monday afternoon. At the time I wondered if there wasn't a couple of assaults several years ago in that same place. Further down the trail were a couple of groups of kids walking in his direction and I almost stopped to tell them .... what? Be carefull? Definately felt creepy.

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