Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, July 4, 1993                   TAG: 9307040183
SECTION: VIRGINIA                    PAGE: D-5   EDITION: METRO 
SOURCE: Associated Press
DATELINE: PETERSBURG                                LENGTH: Medium

AIDS-RISK INDICTMENTS CRITICIZED

The advocates said it was improper for the Petersburg prosecutor to obtain confidential AIDS test results through a subpoena. They also said the case will make people less willing to be tested for HIV, the virus that causes AIDS.

"This is a nightmare," said Marsha Levy, a Washington lawyer who often represents the Whitman-Walker Clinic, which specializes in AIDS treatment. "When people get tested, many times they do so because they believe the records will remain confidential. . . . This will mean people won't get tested."

Levy said she thinks AIDS testing will increasingly be done anonymously to prevent prosecutors from discovering test results. Many AIDS testing facilities already often identify people by number instead of name.

Kent Willis, executive director of the Virginia chapter of the American Civil Liberties Union, said the state's attempted murder law was not intended to cover such cases.

He also said the prosecutor - and the judge who authorized the release of the AIDS records - went too far. The identity of the judge could not be learned.

The three people were indicted after an investigation by Commonwealth's Attorney Cassandra S. Burns, who subpoenaed the confidential AIDS tests from the Petersburg health department.

"I hope this sets a trend for aggressive intervention," Burns said. "We're trying to deal with any relationships where HIV-infected people do not disclose it to their partners."

She said the case may mark the first time anyone in Virginia has been indicted on attempted murder charges for risking the spread of HIV. Virginia does not have specific criminal laws dealing with the issue.

Those indicted Thursday were two women who authorities allege are prostitutes and a man who allegedly had sex with two juvenile girls.

Burns said she decided to prosecute the three after receiving tips they were having sex after being told they had tested positive for HIV. Burns obtained a judge's order to get the results of the AIDS tests.

Burns, who said three of her friends recently have died of AIDS-related complications, said she had to take action to stop people from knowingly spreading HIV.