I have a case involving a defendant biting two individuals. The defendant is HIV positive. Has anyone ever use the testimony of a RN or PA to establish that biting someone while you are HIV positive could cause transmission of the disease and that can lead to death? I'm trying to establish a deadly weapon. He's been convicted before for doing the same thing with same status but he pled.

Thank you

CDC says HIV, although detectable in saliva in minute quantities, in rare cases, can not transmit HIV...or, there has never been a case. Transmission by bite has only been in cases of severe trauma, and attacker was also bleeding. So, the blood is the DW. if no blood, no DW. Good luck.

to clarify, Saliva has been found to be a DW, but that finding would not likely help you in front of a jury. An RN or PA would likely be unqualified to testify on virology. If the defendant brought his own expert, it'll be yours against his, and his has the CDC on his side. basically, you have to ask if it is worth it. if so, go get 'im.

Thank you. He is in prison for doing the exact same thing. He severely bit two officers. Looks like I will be checking the coffers for an expert MD. Worse case is a felony assault on a public servant.

Check 2009 WL 2025344
the expert who testified said there were "unpublished cases" of saliva transmission (have no idea how that testimony went unchallenged) and that saliva transmission is hypothetically possible (again, the defense lawyer must have been distracted). her views might have changed in three years, however. let us know how it works out.

if you use lexis.. Campbell v. State Dallas 2009.

Thanks!