Judge rules charge related to repealed HIV offense can be amended

CEDAR RAPIDS - A judge will allow a prosecutor to amend a charge, initially filed as felony criminal transmission of HIV, to a misdemeanor with a lesser penalty. Sixth Judicial District Mary Chicchelly said in her order that after reviewing the relevant statutes and language she doesn't think amending the charge is against the legislators' intent in May in repealing code section 709C.1. An Iowa code provision also allows the charge to be amended to 709D.3(4) - criminal transmission of a contagious or infectious disease, a misdemeanor. The changes redefine the conduct and reduce punishment.

Eddie Jones, 37, in the amended trial information, 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.

Chicchelly said in her ruling, according to the language of both codes, that legislators wanted to reduce the transmission of infectious or contagious diseases from people who know they have the diseases, provide more severe punishment to those who act with the intent to infect the uninfected person and/or those who do infect the uninfected person.

The legislators seemed most concerned with creating a graduated system of penalties based on criminal intent and whether the disease is transmitted, Chicchelly said in her ruling.

Anne Laverty, Jones' attorney, argued last week the new charge violates the 'ex post facto” clause, which refers to laws adopted after an act is committed.

Chicchelly said in the ruling it's not a new or different offense being charged because '709.D.3(4) encompasses the same conduct that was prescribed in 709C.1, for which the defendant has been facing allegations of since May 30, 2012.”

Chicchelly said it doesn't violate the ex post facto clause because the state isn't seeking punishment for an act that was not a crime when it was committed. In fact, she pointed out, the defendant benefits because the punishment is less severe, if convicted, and it places a higher burden on the state regarding criminal intent.

The trial will start Monday with jury selection at 9 a.m. in Linn County District Court. Testimony will start Tuesday and is expected to last all week.

If convicted of both charges, Jones faces up to 15 years in prison.