Mark Peterson, a director and spokesperson for the Michigan Positive Action Coalition, says Monday’s Macomb County Circuit Court Judge Peter Maceroni’s failure to reject a terrorism charge against an HIV-positive man is “troubling.”
“It keeps us in limbo,” says Peterson. “It’s troubling because this case being out there that by just having the virus we are criminalized.”
Michigan Positive Action Coalition, or MI POZ, is one of three groups which signed onto an amicus brief filed in the case by Lambda Legal Defense and Education Fund. The group represents HIV-positive people and those affected by the disease in political and educational outreach.
Peterson said the fact that the case continues on sends a terrible message.
“Even without a proven mode of transmission, it seems to be enough that you are HIV-positive to be charged as a terrorist in Michigan,” Peterson said.
Underlying this, Peterson says may be HIV-stigma. He says under the prosecution theory, merely being infected by a bacteria, virus or other disease causing agent and involved in an altercation, should have resulted in people with other diseases being charged by prosecutors. He mentioned H1N1, the seasonal flu and even MRSA — an aggressive staph bacteria that is resistant to many antibiotics.
“Is this evidence of singling out HIV because of the salacious way someone thinks you get it — homosexuality, drug use?” Peterson asks. “If not, I would expect them to start bringing other people up on charges as bio-terrorists.”
No evidence has surfaced that the Macomb County Prosecutor Eric Smith has charged any other person with bio-terrorism before or since charging Allen. This after MI POZ and a Facebook group called on people to turn themselves in as HIV or Swine Flu Terrorist. Change.org has also launched a letter writing campaign targeting Smith. The campaign calls on Smith to drop the charges. That action has been engaged in by 1,463 according to the website.
Smith’s office denied in January that he had ever received any communications from Change.org. His office also denied the existence of documents which were referenced in court transcripts.