US: Pennsylvania woman gets 21 months to 10 years for spitting (updated)

Update: Oct 27th

After pleading guilty in September, on October 16th Crystal Visnesky was sentenced to "21 months to 10 years" plus "180 to 448 days for simple assault, with credit for time served of the full sentence."

Original post: Jan 11th

A 34 year-old Pennsylvania woman living with HIV and hepatitis C has been charged with aggravated assault, assault by prisoner, aggravated harassment by prisoner, recklessly endangering another person and disorderly conduct after it is alleged that she spit in the face of another prisoner whilst on remand for simple assault charges.

Why? Because she has violated Pennysylvania Statute §2703 which states:

A person who is confined in or committed to any jail, prison or correctional or penal institution is guilty of a felony of the second degree if he or she, while so confined (or being transported to or from such a facility), intentionally or knowingly causes another to come into contact with blood, seminal fluid, saliva, urine or feces by throwing, tossing, spitting or expelling such fluid or material when, at the time of the offense, the person knew, had reason to know or should have known or believed that such fluid or material was infected with HIV.

Accordingly, by spitting, she has, apparently "risked serious bodily injury" under "circumstances manifesting extreme indifference to the value of human life" and, according to the report in The Citizens Voice faces a possible maximum sentence of up to 20 years in prison.

I've written several previous posts on spitting (click here for page refresh that lists all of them), and all I can add here is that laws like this – and reporting that omits to mention that HIV cannot be transmitted in this way – add greatly to HIV misinformation, fear and stigma.

HIV-positive prisoner charged with assault for spitting at another inmate
by Josh Mrozinski
Saturday, January 10, 2009

TUNKHANNOCK — A Wyoming County inmate infected with hepatitis C and HIV was charged Friday with several counts of assault for spitting on another inmate last month.

Crystal Visnesky, 34, is charged with aggravated assault, assault by prisoner, aggravated harassment by prisoner, simple assault, recklessly endangering another person and disorderly conduct.

Awaiting sentencing on Wednesday for a simple assault, Visnesky was being held at the county jail in lieu of $5,000 bail. The sentencing was postponed after Visnesky spit in the face of another inmate on Dec. 16.

According to the criminal complaint, jail Warden Mickey Ameigh contacted borough police on Dec. 16 to report the spitting incident.

The warden told police that Visnesky had advised the facility’s nurse she was infected with hepatitis C and HIV. The incident occurred while the inmates were in the gym, according to the criminal complaint.

An analysis of Visnesky’s blood on Dec. 24 tested positive for HIV and hepatitis C.

The other inmate, who is no longer incarcerated, told police Tuesday that Visnesky spit in her face.

Visnesky denied spitting in the woman’s face, according to the criminal complaint.

The criminal complaint alleges Visnesky put the other woman in serious bodily injury under “circumstances manifesting extreme indifference to the value of human life.”

The charges were filed Friday in the office of Magisterial District Judge Carl Smith.

Visnesky faces a possible maximum sentence of up to 20 years in state prison, Wyoming County District Attorney George Skumanick said.

US: Pennsylvania woman who bit policeman guilty of aggravated assault; faces up to 52 years in prison

In stark contrast to the UK biting case reported below, a 29 year-old HIV-positive woman who bit a police officer during her arrest has been convicted of aggravated assault and recklessly endangering another person.

The trial lasted one day, and there was no jury - just a judge: Judge Thomas P. Rogers. According to the Pottstown Mercury, the arrest took place in March 2008.

As police attempted to arrest a person inside the home, [the woman] attacked one police officer, pinning the officer to the ground and biting the officer on the forearm and punching the officer in the head, according to the criminal complaint. Police had to use a taser against [her] to stop the assault. As police took [the woman] into custody, she allegedly told police she is HIV positive, according to the criminal complaint. "You don't know who you're messing with! I'm HIV positive," Edwards allegedly shouted, according to the arrest affidavit. The police officer was treated at Pottstown Memorial Medical Center for the bite wound, scratches and an ankle injury, court documents indicate.

It's completely possible that the woman has not had a fair trial, because, according to the report even her defence lawyer admitted that she could have transmitted HIV (where were the experts?). Although there have been several case reports of HIV transmission via a bite, these are reassuringly extremely rare and would require fresh blood in the saliva of the HIV-positive person as well as an extremely high viral load – usually seen during primary infection or extremely advanced HIV disease.

During the trial, prosecutors and the defense lawyer said that [the woman] is HIV positive and that it's possible to transmit the virus, which causes AIDS, if an infected person bites another individual. "Her intent was to cause the maximum amount of pain and damage to the officer by attempting to pass HIV to the officer," Assistant District Attorney Nathan Schadler alleged. "Officers are there to protect the community and they shouldn't have to fear this type of assault. This intentional, deliberate behavior can't exist in our community," Schadler added.

While Schadler argued [the woman] attempted to cause serious bodily injury, defense lawyer John I. McMahon Jr. argued [she] caused bodily injury, a lesser degree of aggravated assault, and did not attempt to cause serious bodily injury.

[...]

Schadler said the police officer, whose name is being withheld by The Mercury because of the nature of the incident, was tested for HIV after the incident and to date has remained virus free. Schadler said that for months the officer had to live with the fear of a potential HIV infection. "To live with that for six months is unimaginable," Schadler said.

[...]

By convicting [the woman] of aggravated assault, the judge found that [she] attempted or intentionally or recklessly caused serious bodily injury to the police officer under circumstances manifesting extreme indifference to the value of human life.

According to the report, she now faces a possible maximum sentence of 26 to 52 years in prison pending a background investigative report which will assist Judge Rogers in sentencing her later this year, so there is still time for Lambda Legal, American Civil Liberties Union and/or Human Rights Watch to intervene. Otherwise this woman may become a female Willie Campbell.

US: Medical records released to prosecutors in Pennsylvania spitting case

The medical records of an alleged HIV-positive prisoner who spat at a guard in 2006 have been ordered to be released to prosecutors who want to prove the man was HIV-positive and knew his HIV status when the incident occurred, in order to prove HIV exposure charges.

The situation is totally bizarre. Spitting cannot transmit HIV. Even if the prosecution doesn't know any better, surely the judge who ordered the release of the man's medical records should have spent one minute thinking about it, rather than allow this man's privacy to be invaded and his human rights to be eroded. Of course, the guard did not become infected with any kind of disease following the incident. Duh!

The whole crazy story, told in straight-faced fashion, can be found at the Wilkes-Barr Times Leader online.

Inmate’s HIV test info to be released
Results needed in case versus man who spit on guard during attack, prosecutors say.
By David Weiss, Court Reporter

WILKES-BARRE – A judge has ordered state prison officials to release all medical records regarding an inmate’s HIV-related testing.

The judge made the ruling at the request of Luzerne County prosecutors. They say the inmate, Shawn Quinnones, was infected with HIV, hepatitis B or another infectious disease when he spit on a guard’s face in 2006.

Prosecutors say they need the test results to show Quinnones knew he was infected with a disease when he spat on the guard.

Court of Common Pleas Judge Peter Paul Olszewski Jr. last week approved the request.

Quinnones, 38, and Anthony Gray, 26, are awaiting trial on assault and harassment charges.

State police said the two were inmates at the State Correctional Institution at Dallas in October 2006 when guard Ralph Laiuvara was escorting Gray to another area of the prison.

Gray was placed in a cell, but he became upset because he was not in the same cell as Quinnones.

Gray then spit on Laiuvara’s face, police said.

So did Quinnones, police said.

Court papers say prosecutors and state Trooper John Yencha have “reason to believe, based upon credible information,” that Quinnones, at the time of the incident, was infected with one of the diseases.

Prosecutors, in their request for Quinnones’ records, said they need to show that Quinnones knew he was infected in order to prove certain elements of the charges.

Quinnones’ attorney, Brian Corcoran, said the information is vital to the case because a state law says if someone has an HIV-related disease and they attack someone, it could result in an increased sentence.

After a hearing Wednesday, Olszewski approved the request.

He said state prison officials must disclose records and documents containing the results of medical tests Quinnones underwent for HIV and hepatitis and any records showing he was advised “of his status as a person who is infected with any infectious or communicable disease.”

Laiuvara was tested after the incident. It was determined he was not infected with any of the diseases.

Both suspects remain jailed.