Jury to continue deliberations Wednesday in Davis trial - Cincinnati News, FOX19-WXIX TV

Jury to continue deliberations Wednesday in Davis trial

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CINCINNATI, OH (FOX19) -

The jury in the Andre Davis trial began deliberations Tuesday afternoon following closing arguments.

Davis is facing 15 counts of felonious assault after being accused of having sex with 12 women while knowing he was HIV positive.

"The problem is that he not only made a mistake, people make mistakes every day. He broke the law," prosecuting attorney Amy Tranter said during closing arguments.

Davis' attorney Greg Cohen admitted Davis did not disclose his HIV status prior to engaging in sexual conduct. Instead he focused on working to prove the prosecution had not met their burden of proof.

Cohen also attempted, yet again, to point to the women's own responsibility to practice safe sex.

"I'm not trying to attack these women, I didn't do it when they were on the witness stand," said Cohen. "[But] panic, disbelief, hurt, really?"

"These women made decision in their lives, not decisions that broke the law," Tranter argued in response.

The defense also worked to discredit witness testimony from the STOP AIDS worker and the testing lab spokeswoman.

"Ms. Krueger is not a doctor that understands cross reactivity, something that gives a false positive," Cohen argued.

Cohen even questioned the credibility of the chief deputy coroner's testimony.

"He doesn't know a thing about HIV," argued Cohen.

"He is perfectly qualified to tell you that HIV causes AIDS, and he told you that," Tranter responded.

Davis' attorney then argued more was needed than just the HIV test results to convict.

"Proof of a confirmatory test, other than a lab report issued by Quest Diagnostics, containing a test done by another lab," Davis said.

"They want to challenge the test? Really?" Tranter exclaimed. "There's zero evidence to refute state's exhibit number two."

When it was all said and done the arguments came full circle, restating their opening remarks.

"When this started I stood up here and told you this case was about one thing; sex …risky, unprotected, indiscriminate sex," Cohen said.

"This case is not about sex," Tranter argued. "This case is about responsibility, this case is about the defendant's responsibility."

The jury will resume deliberations at 9:30 Wednesday morning.

Click here to check out Ohio's felonious assault law.


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