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Conviction stands for man found guilty of lying about HIV status
TRACEY BLAIR
Legal News Reporter
Published: July 26, 2017
The 9th District Court of Appeals recently affirmed the conviction and sentence of a man found guilty of infecting a sexual partner with the HIV virus.
M.H., an adult, homosexual male, engaged in consensual, unprotected anal and oral intercourse with Jeffrey A. Boatright on Nov. 13, 2014. A few weeks later, M.H. went to the emergency room after developing persistent flu-like symptoms, according to case summary.
Boatright also tested positive for HIV but told M.H. he was negative before having sex.
A Summit County Common Pleas Court jury convicted Boatright on one count of felonious assault after finding the defendant knew he was HIV positive before engaging in sexual conduct with M.H.
The trial court judge sentenced Boatright to five years in prison.
On appeal, Boatright argued the jury lost its way in finding him guilty.
At trial, M.H. testified that his last HIV test in the summer of 2013 was negative.
While waiting for his test results in 2014 at the emergency room, M.H. contacted Boatright about the possibility he had acquired the virus from the defendant.
“Boatright again stated he was HIV negative and said he was sorry M.H. had to go through the situation,” 9th District Judge Donna J. Carr stated in her 3-0 opinion. “After M.H. got his results, he again spoke to Boatright. Boatright kept saying how sorry he was but never stated that he had been deceptive about his HIV status. However, at the end of their conversation, M.H. testified that Boatright stated, `I’m sorry, man. I lied.’ “
The state presented witnesses at CSL Plasma and Summit County Health Department to provide evidence that Boatright knew he was infected before sleeping with M.H.
Joseph Jacko, the center manager of CSL Plasma, testified that Boatright had donated plasma for money since 2008.
Male donors are disqualified from donating if they engage in “high-risk activities,” such as drugs of abuse or having sex with other men. Boatright wrote on his plasma questionnaire in 2011 that he was not in an increased risk group and had not had sex with another man, Jacko said at trial.
After Boatright’s Aug. 22, 2011 donation tested positive for HIV in a preliminary test, CSL Plasma sent Boatright a certified letter, but it was returned. In addition, the company attempted to call him but there was no response, Jacko testified.
A health department official told the jury that a letter to Boatright was sent to him in 2011, but was returned for an improper address. Their records show that Boatright was scheduled to come into the Health Department twice for an appointment to inform him of his HIV status but he did not show up for either appointment.
When the Health Department employee tried to reschedule again, the phone was not answered and the case was closed because results must be given at a face-to-face meeting.
Another witness, CSL Plasma nurse Bonnie Chapman, testified she counseled Boatright about his test results on Dec. 12, 2012.
“Ms. Chapman testified that, from her recollection, when she told Boatright he had tested positive for HIV, she was expecting a reaction but did not get one,” Judge Carr wrote. “Instead, he said, `Okay; and he left.’ “
Boatright admitted to lying on the plasma questionnaire about his sexual history, claiming his sexual orientation should not prevent him from donating.
The appellant testified he never received a letter or phone call from the Health Department. He also argued CSL Plasma employees never told him he was HIV positive.
“… He admits he was informed that he was unable to donate because of unsuitable test results. However, he maintained, that he was never told what the results were or why they were unsuitable,” according to the appellate opinion. “He believed that the unsuitable results could have been for any number of reasons, including too much protein in the blood. … If he had been informed that he was HIV positive in 2011 or 2012, Boatright stated he would have begun treatment at that time.”
In addition, a male registered nurse for the Health Department testified that Boatright came to the agency in December 2014 requesting HIV testing after M.H. was diagnosed and his home test was positive. That nurse said Boatright became very “emotional and very sincere” when his results were confirmed in early 2015.
However, Boatright admitted to the jury that he was aware that a former partner tested positive for HIV in March 2013.
Appellate judges Thomas Teodosio and Lynne Callahan concurred.
The case is cited State v. Boatright, 2017-Ohio-5794.