Prosecutor seeks to amend criminal transmission of HIV charge

CEDAR RAPIDS — A prosecutor argued Monday to amend trial information for a Cedar Rapids man who was initially charged with felony criminal transmission of HIV to a misdemeanor charge which is included in the law with lesser penalties.

First Assistant Linn County attorney Nick Maybanks said Eddie Jones, 37, charged in 2012, can't be charged under code section 709C, which was repealed by the Iowa Legislature in May, but the charge can be amended to 709D.3(4), which is criminal transmission of a contagious or infectious disease, a misdemeanor.

Anne Laverty, Jones' attorney, argued this was a new and different crime created in the same bill that repealed the other charge. She said the state was attempting to charge a completely different crime less than two weeks before trial.

Laverty said the state also was charging Jones with a crime 'ex post facto' in violation of the U.S. and Iowa constitutions, which refers to laws adopted after an act is committed making it illegal.

Maybanks argued the intent of the legislators was to provide a more rigorous requirement for the charge and make the penalty less severe. He said this wasn't a new and different crime. The facts haven't changed. Under Iowa law, if the penalty or punishment for any offense is reduced by re-enactment, revision or amendment of a statute, the penalty can be imposed in accordance with the amended statute.

Sixth Judicial District Judge Mary Chicchelly said she would take the matter under advisement and provide written ruling later.

Jones is charged with felony third-degree sexual abuse and criminal transmission of contagious or infectious disease, a misdemeanor. He is accused of sexually abusing a 15-year-old boy and exposing him to HIV, July 1 and Aug. 31, 2011 in different locations in Cedar Rapids, according to the criminal complaint.

His trial is set to begin Sept. 15.