Man can stand trial in HIV exposure case

Posted on Tuesday, March 18, 2008

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A 33-year-old man accused of exposing a woman to HIV without informing her has been found fit to stand trial.

Mark Hunter, who lives in Washington, D. C., has been found not to have a mental disease or defect and has been diagnosed with depressive disorder (by history ), according to a report from Michael J. Simon, forensic psychologist supervisor at the Arkansas State Hospital in Little Rock.

The report, filed Monday in Washington County Circuit Court, also found Hunter to have the capacity to understand proceedings against him and effectively help in his own defense. At the time of the alleged act, should he be found guilty, Hunter did not have a mental disease or defect and did not lack the capacity to “ appreciate the criminality of his conduct, ” nor did he lack the capacity to follow the law.

Hunter’s lawyer, Ronald L. Davis Jr., Little Rock, filed a notice of intent to raise mental disease or defect as a defense in the case. His client was examined on March 11 at the Arkansas State Hospital.

He is charged with knowingly or willfully exposing a woman to HIV, a class A felony punishable by six to 30 years in the Arkansas Department of Correction and a fine of up to $ 25, 000.

Hunter is accused of exposing the woman from July 2001 to November 2002 without informing her. According to the affidavit, the accuser had dated and later became engaged to Hunter. The report from the state hospital states Hunter denies having had a sexual relationship with her.

On Nov. 13, 2001, according to the arrest affidavit, Hunter learned he had HIV based on a test from the Arkansas Department of Health and Human Services.

The report from the state hospital states that Hunter has hemophilia and HIV and has been involved in a therapy group for hemophiliacs with HIV since 2005. He reported having a period of extended depression beginning in early 2002.

He faces anther charge of exposing a person to HIV in Pulaski County, involving another woman he dated from December 2003 to May 2005.

The report states he was born with hemophilia and that he contracted HIV from blood transfusions when he was 7.

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