Prosecution rests: HIV positive man on trial for assault - Cincinnati News, FOX19-WXIX TV

Prosecution rests: HIV positive man on trial for assault after sex with 12 women

Andre Davis (Source: Hamilton County Sheriff's Office) Andre Davis (Source: Hamilton County Sheriff's Office)
CINCINNATI, OH (FOX19) -

After a week of witnesses taking the stand, the prosecution rested its case Monday against Andre Davis.

Following a motion to acquit all charges that was denied by the judge, the defense then rested its own case without calling any witnesses to the stand.

In large part, the decision to send the case to the jury came down to one document: the paperwork that contained Davis' HIV test results.

"Yes, this is a positive test," Hamilton County Chief Deputy Coroner Dr. Bill Ralston said looking at Davis' results.

The defense, however, argued there could be a number of factors that could have produced false positive results.

"There's no evidence that a reliable test was ever taken by Mr. Davis,"

That was the argument that the defense brought back up when they moved to acquit Davis on all charges. They claimed the prosecution had not met their burden of proof on a number of accounts.

"Nobody puts Andre Davis on possession of a test," Baron Coleman argued. "The stature could not be more clear. The defendant must have knowledge that he tested positive for a virus."

The prosecution then argued that knowledge is proved by circumstance.

"He went to STOP AIDS in December of '09," exclaimed prosecuting attorney Amy Tranter. "That proves he knew he had a positive test."

Yet again, the defense brought up the credibility of the results.

"They didn't bring in any doctors notes, they didn't bring any nurses notes. They didn't bring in any medical records, they didn't bring in any prescriptions," argued Coleman. "They're trying to convict him on the basis of one single shred of a document."

The prosecution, however, argued that the document is more than enough.

"I don't have to prove that he's positive. I only have to prove that he had knowledge that he had tested positive," Tranter explained.

Ultimately the judge ruled against the motion to acquit Davis.

"There is evidence of a test and there is evidence that a jury may, but is not required to, determine that the defendant knew about that test and its result," the judge explained.

Closing statements will begin Tuesday morning.


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