Probable cause found in HIV case
Doctor, two victims testify
By Bobbi Mlynar
Thursday, February 15, 2007
A man diagnosed as carrying the HIV virus appeared in Lyon County District Court Thursday afternoon for a preliminary hearing on two separate counts of exposing two women to a life-threatening communicable disease.
Robert William Richardson of Lawrence was ordered bound over for trial late Thursday afternoon. After hearing testimony from Richardson's former physician and the two victims, Judge Jeffry Larson found probable cause to believe that at the time of the alleged incidents, Richardson knew he was infected with HIV and engaged in sexual contact with both women without telling them of his condition.
Richardson's attorney, Mark Sherman, argued that prosecutor Amy Aranda had not established that Richardson exchanged body fluids with either victim. Both women testified that, at separate times, each had consensual sex with Richardson in an Emporia motel. Exchange of body fluids is one way of passing the virus to another person. Both testified Thursday they had unprotected sexual intercourse with Richardson.
Larson said that one of the victims "testified there was also oral sex performed on her by Mr. Richardson. Clearly at this stage, I think it can be implied that body fluids were exchanged in both."
Larson entered a plea of not guilty on behalf of Richardson to both counts. Richardson's next court appearance will be at 2 p.m. March 2.
Before the hearing, Sherman asked the court to close the hearing because testimony would involve airing Richardson's medical records.
Larson denied the request.
"I think this is a public hearing," Larson said. "... It's important for the press to have a reasonable opportunity to report on what's going on in the court system."
Larson added that the medical records "are indeed elements of the crime" that has been charged.
For more on the hearing, read Friday's Gazette.