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Boone found guilty of attempted murder in HIV trial

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Boone found guilty of attempted murder in HIV trial

A 31-year-old HIV-positive Ontario man has been found guilty on multiple charges, including attempted murder. IMAGE 1 OF 1
'There was no way I was trying to kill anyone'
UPDATE: Wed, Oct 31

The accused in a controversial HIV trial has been found guilty of the attempted murder of three men, three counts of aggravated sexual assault and three counts of administering a noxious substance (ie, his semen).

Steven Boone, 31, broke down in tears when the verdict was announced, telling his lawyer, Ian Carter, "There was no way I was trying to kill anyone."

The jury found Boone not guilty on two additional counts of aggravated sexual assault, as they could not find a "realistic possibility" that HIV might have been transmitted during oral sex with two men.

Boone's mother was seen in tears outside the Ottawa courtroom. 

Justice Bonnie Warkentin said sentencing will be set after Nov 13, as Boone is set to stand trial on separate charges of attempted murder, attempted aggravated sexual assault, breach of probation and sexual assault on a developmentally delayed man in his 20s who functions at the level of a 13-year-old.

Boone will stand trial with another HIV-positive man in Waterloo in December on charges of aggravated sexual assault.

Boone was first arrested on May 6, 2010. At the time the Ottawa police liaison committee was criticized because it released his photo in an email and labelled him a “sexual predator.” Because he had not yet been convicted of any crime, Xtra had previously declined to publish Boone’s name. 
 
Controversial HIV trial enters final stages

Jurors in an Ottawa courtroom heard closing arguments Oct 29 in the trial of a 31-year-old Ontario man accused of purposely infecting five men with HIV.
 
While defence lawyer Ian Carter told the jury his client should be found guilty of two counts of aggravated sexual assault because there is a realistic possibility he did transmit HIV to two sexual partners, he asked that they acquit him on several other counts. 
 
Xtra has so far declined to publish the name of the accused following his arrest on May 6, 2010. At the time the Ottawa police liaison committee was criticized because it released his photo in an email and labelled him a “sexual predator.”
 
The defendant is accused of attempting to kill three men he had sex with between January and April 2010 and of administering or attempting to administer a noxious substance: his semen. He is also charged with aggravated sexual assault on two of the men and two others and one count of attempted aggravated sexual assault.

Carter said there are three issues the jury must consider: the intent to infect, intent to kill and the realistic possibility of HIV infection.
 
He says one of his client’s sexual partners was already HIV-positive when he had sex with his client, adding he “came to police with a complete pack of lies.”

One 17-year-old male tested positive after a sexual encounter with the accused, although it cannot be known if the accused infected the boy.
 
Carter argues that the accused was not looking to infect men with the virus but was looking for love. But both Carter and the Crown prosecutor, Meaghan Cunningham, referenced transcripts from internet chats in which the accused wrote that he wanted to infect men.
 
One excerpt referred to “turning a boy poz and making him mine for life,” while another states, “I turned him poz, he begged me for it.”
 
Carter suggested the transcripts are evidence of a rich fantasy life and the chats were simply “charged-up sexual talk.”
 
“There is no question that there is talk of infection for arousal purposes, strange as it may seem,” he said.
 
He pointed to testimony from one witness, the man who was already HIV-positive, and noted he and the accused discussed several sexual acts online that never left the realm of fantasy.
 
Carter said the witness and the accused discussed felching, facials and “coming on [the accused’s] penis then having [the accused] fuck him” in online chats, yet none of these acts took place once the two hooked up.
 
He urged the jury to find the defendant not guilty on all other charges except the two counts of aggravated sexual assault. He said there is no evidence to support the claim his client intended to kill.
 
But Cunningham disagreed, arguing that the online conversations were not mere fantasy. She said the accused “was using sex, deceit and his own toxicity to infect men . . . He didn’t just talk about infecting people. He actually went out and tried to do it.”
 
She argued that the jury should find the accused guilty on all counts, including attempted murder. She said that although medical advances have helped lengthen the lives of HIV-positive people, the virus still shortens a life by 12 years on average and, if left untreated, can kill within 12 to 15 years.
 
The accused knew he was HIV-positive as early as 2009, Cunningham argued, and he wanted to transmit his infection to others. She said the accused pretended to wear a condom or poked holes in condoms to trick “little condom nazi boys” – as the accused wrote in one online chat presented as evidence.
 
“He had a sophisticated understanding of HIV,” she said. “[The accused] is smart. He was patient and determined.”
 
Cunningham also attempted to discredit earlier testimony by Mark Tyndall, head of the infectious diseases department at the University of Ottawa, questioning the studies presented and noting that Tyndall “didn’t seem prepared to give testimony in this case.”
 
Tyndall, who was the only witness to testify in defence of the accused, likened the probability of becoming infected with HIV to being hit in the head with a piano.

Tyndall's area of expertise is not sexually transmitted HIV, Cunningham said, but rather HIV in drug users. "Consider his agenda," Cunningham told the jury. "He got to say what he wanted to say about the law in Canada." 
 
She argued that although Tyndall said that if an HIV-positive person is taking antiretroviral medication the possibility of transmitting the virus is almost zero, it is still not zero.
 
“We all know the chance of being struck by lightning is very small,” she said. “However, we all get out of the swimming pool and pull our kids off the soccer field when it starts, even though the risk is very, very small. We act because the potential consequence is so severe.”
 
The Supreme Court of Canada ruled Oct 5 that the test in criminal cases of nondisclosure will now be "realistic possibility of transmission of HIV,"  a clarification of the more vague "significant risk" test.
 
In the decision, which many AIDS activists and researchers called a huge setback, the court ruled that the accused should be acquitted only where both a condom was used and viral load is low.
 
The jury began deliberations Oct 30.
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Comments

The Lawyer
actually may be ok, but limited in resources available to him. For anything resembling a fair defense there would have to be a lot of testing going on and expertise utilized. I'm sure that ALL of this "victims" partners were not tested for the same HIV type, right? So essentially only MONEY will keep you out of the Death Camps.
I keep killing him over and over in my fantasies
@Mike J: “We are all responsible for our own health” This old boring saw, again! I did try to be responsible for my own health. I put the condom on my sex partner, BUT behind my back, he took it off. He claimed it fell off, when I noticed. I put another condom on him and made sure it was secure. A minute later, it too was on the floor. He had purposely taken it off. And he was HIV+ !!! I was the “condom-nazi” who he wanted to infect. I'm still angry !!! If I knew where he lived I would take him to court...In the meanwhile I keep killing him over and over again in my fantasies. I'm finding it difficult to accept my fate. I detest the buyer beware callous attitude of people who infect others due to ignorance, negligence or purposefully. All we have is eachother. WE ARE ALL RESPONSIBLE FOR EACHOTHER !!!
Great now we can
go after the fantasy chats of those sicko HIV positive people. We'll get them, and put them all in death camps. Finally! PERSECUTE! Burn the witch! Apparently one "victim" tested positive but it cannot be known if the accused did it. Um, yes it can! Testing can prove at the very least the same type. Then all his other partners must tested too. Un-f'n believable. This is selective PERSECUTION. Disgusting. Lawyer Ian Carter is part of the problem as well, what a f'n idiot.
Boone some are with you
Stephen Boone some of us are with you. You have been railroaded by a puritanical, prudish, sex negative heterosexual system that, now, decides on matters dealing with HIV transmission. Medical experts like Dr. Tyndall say your verdict and the Supreme Court of Canada decision around the transmission of HIV will result in increases in the number of HIV transmissions. I believe this. I am very sorry that some gay people have bought into the sex negative revenge driven ethos of heterosexual society around this issue and thus report on other gay people. Shame on informants. The most enlightened and health effective way to approach the criminalization of HIV transmission is to not criminalize it at all but rather to educate the public to the reality that we are all responsible for our health. That we are responsible to assume that all our sex partners are HIV positive until we know 100% for sure otherwise. We are responsible to make our decision as to the risk we are willing to take. We are all adults and we are all responsible for ourselves. To place the onus on one sex partner and none on the other is ludicrous and opens the public up to increases in HIV transmission as people become fearful of being tested and thus getting treatment and so more people will get the virus and more people will die from it. What a stupid result to a condition that had become chronic and not fatal. Contrary to what the ill informed and ideologically driven Supreme Court decided (i.e. that it is deadly even though it is not).
One of his partners turned HIV-positive?
The Ottawa Citizen is reporting that the accused was found guilty of three counts of attempted murder and administering a noxious substance — his semen — on three young men, including a 17-year-old, with whom he’d had unprotected sex. The Ottawa Citizens reports that the 17-year-old male later tested positive for HIV. See: http://www.ottawacitizen.com/news/ottawa/Jury+convicts+vampire+Boone+attempted+murder/7479319/story.html
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