Judge turns down challenge to HIV case

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 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.