In the wake of the 1998 Oklahoma City bombing and an anthrax scare, the state of Michigan passed legislation that made it illegal to possess or distribute hazardous chemical or biological substances. According to the bill’s author, Congressman Gary Peters, the law was created to provide police with the resources to respond properly to terrorist threats involving these materials.
Over the years, experienced Michigan criminal defense lawyers have seen the bioterrorism law applied in several ways. In 2007 precedent-setting ruling, the Court of Appeals approved the conviction of a HIV-positive prison inmate who spit blood in an officer’s face during an altercation. However, a recent case shows that Michigan courts are careful not to misapply such a serious charge, which would completely change the life of a suspected criminal. According to the Detroit News, a count of bioterrorism was dropped against a HIV-positive man, who was accused of attempting to spread the virus after biting the lip of a neighbor during an argument.
In October 2009, Daniel Allen, 44, confronted his neighbor, Winfred Fernandis Jr., getting in his face and eventually biting him. During the fight, which was sparked over a football disagreement, the neighbor allegedly sustained bruises, several scratch marks, as well as a severe bite mark which went “down to the bone” of his finger. For this, Allen was accused of two counts of Michigan assault charges, for which he may face serious punishments including jail time.
The charge outraged both Civil Rights and AIDS advocated nationwide
However, after Allen admitted during a television interview that he was HIV-positive, prosecutors added an additional count of bioterrorism–a 15 year felony. The charge outraged both Civil Rights and AIDS advocated nationwide, believing that this case demonized people inflicted with HIV and promoted inaccurate information to the public about how the disease is spread. In early May, Allen’s defense attorney argued in court that the 1998 law was being misapplied in this case, and was not intended to cover a biting incident.
Fortunately for the defendant, Macomb County Circuit judge Peter Maceroni agreed. On June 2nd, Judge Maceroni tossed out the bioterrorism charge, but allowed the other two counts of assault to stand. Although Allen will likely still be due in court on these violations, his lawyer seemed very optimistic about his chances of defeating the other charges. As he commented following Judge Maceroni’s ruling, “This is just a first step in ultimately seeing my client vindicated fully in this matter.”
As seen by the case of Daniel Allen, being accused of assault charges alone is scary enough, let alone also being suspected of bioterrorism. Conviction of either crime will almost certainly bring serious consequences on a person, not only facing jail time but a permanently scarred reputation. To prevent your personal liberties and freedoms from being taken away, it is essential to be proactive in securing the best legal defense for your case. Contacting aggressive Michigan criminal defense attorneys can not only provide the superior legal advice and legal representation, but also ensure that you stay at home and work, not behind bars.