Two-Thirds Of The Jury That Convicted HIV-Positive College Wrestler Believed Being Gay Was A Sin

Discussion in 'Group Discussions' started by OckyDub, Dec 2, 2015.

  1. OckyDub

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    A new report argues that Michael Johnson, the gay 23-year-old former college wrestler found guilty of knowingly exposing several men to HIV, faced an entirely stacked deck in his criminal trial.

    Johnson, who also went by the name “Tiger Mandingo,” was convicted last May in the town of St. Charles under a Missouri law that makes it a crime for an HIV-positive person to have sex without first notifying their partner of their status.

    As Buzzfeed reports, the all-straight, nearly all-white jury found Johnson guilty of five counts relating to his status. He was sentenced to 30 years in prison, and will have to register as a sex offender upon his release.

    But while arguments can be made about the law’s effectiveness at preventing the spread of the virus and whether criminalization is the appropriate strategy, some details of Johnson’s case paint a troubling picture of the supposed justice he faced in court.

    Namely, the makeup of the small town jury:

    • Of 51 potential jurors only one appeared to be “non-white.”
    • Half said they believed being gay was a choice.
    • Two-thirds intimated that they believed being gay was a sin.
    • All the jurors identified as straight and HIV-negative.
    • All the jurors said they believed HIV-positive people who do not inform their partners of their status should be prosecuted.
    The lengthy report also presents several puzzling details of Johnson’s visibly nervous and fumbling defense attorney, Heather Donovan:

    • She “clutched her notes, the papers sometimes shaking,” declined to make eye contact “with anyone” and “often stammered and stumbled over her words.”
    • She declined to acknowledge Johnson for most of the trial, “even neglecting to greet him most times he was led into court.”
    • She “brought up prejudice and racism rarely” while weeding out potential jurors during voir dire.
    • She started crying while questioning a medical expert and accused the prosecutor of personally attacking her before telling the judge, “You are going to need to have a new trial in a few minutes because I am going to be disqualified.” Then she apparently stormed out of the courtroom.
    • And most damning of all, she seemed to allow Johnson’s accusers to contradict themselves on the stand without attempting to impeach them.
    “Getting 30 years for exposing someone to HIV is just silly,” Johnson’s former partner Filip Cukovic said. “It would be better for him if he’d killed someone instead.”

    Charles Pfoutz, one of Johnson’s accusers whose testimony did not lead to a conviction, also didn’t think Johnson “deserved 30 years” and should instead have gotten “like in California, six months to a year.” In a phone interview with Buzzfeed in October, Pfoutz said he initially told the prosecutor, “It’s fifty-fifty. I’m responsible, he’s responsible.”
     
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  2. Cyrus-Brooks

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    I'm not surprised. The court system is biased against black people especially black men. Add the fact the he's gay and he got stuck with incompetent defense attorney, (which happens often) the end result is Michael Johnson got railroaded. I hope he appeals.
     
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  3. Nick Delmacy

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    I feel (and felt) really bad for this dude for some reason...like he was a little cousin or something...For all I know he was actually guilty but based on the "evidence" I saw, this looks like a scapegoat, "let's make an example out of him" situation...He was just a young HIV+ dude engaging in consensual gay sex with a bunch of white queers who had buyers remorse.
     
  4. hannibal

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    Ok, so recently, a VERY close friend of mine had a slip up with a dude he had been dating for 4 months. My friend, being similar to me, wanted to get tested the next day. The boyfriend didn't want to and throw out all of those "oh you don't trust me" and blah blah bahs. They went to go get tested, dude tried to just say it came up negative but was refusing to show his card. Come to find out he been knew he was positive. Luckily my friend is still negative, but that's exactly why I think this Mandingo dude got what he deserves. It's absolutely malicious and scary that someone can lie to you about something like that...and you don't think they deserve a consequence?
     
  5. OckyDub

    OckyDub is a Verified MemberOckyDub I gave the Loc'ness monstah about $3.50
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    Just curious....what is a "slip up?"
    Also...please let your boy know that he needs to now wait and get tested again in 60-90 days. Also now that he knows dude is HIV+ has he gotten on any meds that can combat the virus within the short window of time?
     
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  6. hannibal

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    He's taken care of. He got what he needed right away and passed the frame. And by slip up, when you're with your boyfriend, eventually unprotected sex is going to happen I guess. But I know they had had the conversation beforehand about status. I'm aware you're going to try and twist it to somehow still remove responsibility from the person who knows they are positive, but I don't think that's cool at all. It's malicious and dangerous and I'm baffled that people can perform the mental gymnastics necessary to condone it.
     
  7. ControlledXaos

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    I think that with many people in relationships, it is usually an eventuality that unprotected sex will happen. People get comfortable. If it happens once, it's likely that it will happen again or become the de facto experience.

    Though I still think you have to take personal responsibility. Get tested regularly if you are sexually active regardless of your trust level. That's really the only way to be sure.

    But I still think people are too confused on and only worried about HIV and not giving a flying fig about the other STDs.
     
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  8. Cyrus-Brooks

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    One thing I forgot to mention Mr. Johnson's defense attorney was completely incompetent. She didn't make an attempt to have some of these jurors thrown out? I hope he appeals and points out how utterly worthless his lawyer was.
     
  9. Dr. Strange

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    I can't say I feel sorry for him, but I do believe everyone is entitled to a fair trial.
     
  10. OckyDub

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    No no...there is nothing to twist here in my opinion. By slip I thought you meant the condom broke. Nonetheless be clear, he still made a choice to have unprotected sex...we are human...No judgements here. Regardless of his HIV status dude lying to him is a horrible character flaw and I agree with your sentiments.
     
    #10 OckyDub, Dec 16, 2015
    Last edited: Dec 16, 2015
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  11. BlackguyExecutive

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    I also think this man was scapegoated and I think that it is preposterous that he has to register as a sex offender for having consensual sex. He need to try to get an appeal or something.
     
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  12. Cyrus-Brooks

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    I don't think anyone here is condoning the actions of Michael Johnson but to let the other parties off the hook is BS to me. If you're a gay man and your having sex without a condom then you should know your putting yourself at risk of infection. If you're that cavalier about your own safety I don't see why the state should get involved. I definitely don't see why he should get 30 years. This is a perfect example of how laws and punishments are selectively applied depending on who's the perpetrator and who's the victim.
     
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