US: Michigan man re-sentenced following appeal

A Michigan man, previously sentenced to a prison term lasting five to 15 years after pleading no contest to two charges of criminal HIV exposure in early 2007, has been re-sentenced by the same judge to four to 15 years in prison following an appeal.

Russell Willis, 40, had appealed the original sentence arguing that he had made a plea agreement for a minimum of two years in prison. But Judge James Kingsley gave him a harsher sentence because Willis, out on bail at the time, did not appear for his sentencing hearing.

The Michigal Court of Appeals ruled that the sentencing agreement could not be changed just because Willis did not appear, but the new sentence is still double the agreement.

According to The Battle Creek Enquirer:

The case stemmed from sexual acts with two women, one in 2004 and the other in 2006. They both told Battle Creek police Willis did not tell them he had HIV, or human immunodeficiency virus, which can lead to AIDS. Willis knew he had the virus and had been told by the Kalamazoo County Health Department he was required by law to notify sexual partners, police and prosecutors said. Willis contends he told the women.

"Callous disregard earned you a prison sentence," Calhoun County Circuit Court Judge James Kingsley said. "You deceived and took advantage of women, knowing you are diseased."

The case and original sentencing had previously been reported on the website of local TV news channel, WWMT. Both women are now HIV-positive, but Michigan's laws have a low proof theshold and do not have to prove that Mr Willis was the source of their infection, only that he did not disclose his HIV status before having unprotected sex with them.