A hearing on motions from groups asking a Macomb County Circuit Court to dismiss bio-terrorism charges against a 44-year-old HIV-positive man has been delayed.
The hearing was scheduled before Macomb Circuit Court Judge Peter Maceroni on Monday, but was postponed until May 10 to allow the prosecution time to respond to amicus briefs filed by several groups, says defense attorney James Galen, Jr.
Daniel Allen, a resident of Macomb’s Clinton Township, faces bio-terrorism charges stemming from an October fight with a neighbor. The victim, Winfred Fernandis Jr, alleges Allen attacked him without provocation. During the altercation, Fernandis alleges, Allen bit him through his lip.
Allen counters that Fenandis and his family members attacked him in what he has described as a gay-bashing. He has since filed a criminal complaint with the FBI Clinton Township office.
Prosecutor Eric Smith originally filed assault with intent to maim charges against Allen, but on Nov. 2, he amended the charges to include assault with intent to commit greatly bodily harm less than murder and possession or use of a hazardous device, among other charges.
Prosecutors offered Allen a plea deal earlier this month, but he rejected it.
The hazardous device charges come from a 2004 terrorism law, and Smith argues that Allen, by virtue of being HIV-positive, was in possession of a hazardous biological substance — specifically, his HIV infected blood.
Advocacy groups, including the American Civil Liberties Union of Michigan and Lambda Legal Education and Defense Fund, argue that pursuing the bio-terror case will unduly subject HIV-positive people to discrimination, stigma and additional criminalization.