Michael Johnson, an HIV positive college wrestler, was sentenced last May to a 30 year prison sentence for affecting multiple partners without their knowledge with HIV. Since then new developments have emerged forcing a judge to overturn the conviction and grant Johnson a new trial.
According to Fusion, Missouri Court of Appeals overturned Johnson’s conviction and demanded a new trial after it was determined that the prosecution in the case had knowingly withheld evidence in order to “gain a strategic advantage” over Johnson’s defense.
“In his first point on appeal, Johnson contends that the trial court erred by admitting the excerpted recordings of phone calls Johnson made while in jail that the State did not disclose to the defense until the morning of the first day of the trial,” court documents read. “Johnson argues that the State’s disclosure of the recordings was untimely under Missouri Supreme Court Rule 25.03 and rendered his trial fundamentally unfair. We agree.”
Johnson faced a maximum sentence of life in prison if convicted on all charges but was found guilty on a fraction of the charges presented. Upon completion of the trial gay activists and public health officials lobbied on his behalf stating the race factored into jury’s decision.
“HIV criminalization laws unfairly impact Black people and stigmatize people living with HIV,” the letter read. “HIV criminalization laws push people living with HIV further and further away from HIV treatment and care and make HIV prevention efforts more difficult. As Black gay men, we are deeply impacted by HIV; and these laws harm us and damage our relationships and communities.”
A new trial date has yet to be announced.