"Man Convicted of Transmitting AIDS Virus"

Important note: Information in this article was accurate in 1992. The state of the art may have changed since the publication date.

"Man Convicted of Transmitting AIDS Virus"

United Press International (12/15/92)

Abstract: Houma, La.--Lawyers defending a man who was given a 10-year prison sentence for allegedly transmitting HIV to his sexual partner, are expected to appeal the conviction. On Monday, State District Judge Baron Bourg sentenced Salvadore Gamberella, 28, to the maximum penalty allowed under law. A jury convicted Gamberella Nov. 18 on charges of having sex with his girlfriend without disclosing his HIV-positive status. The American Civil Liberties Union waged a major attack on the prosecution of Gamberella, filing a motion in the case contending that the 1987 state law forming the basis of his prosecution is unconstitutionally vague. But Bourg rejected the argument. District Attorney Doug Greenburg defended the constitutionality of the law, claiming it is necessary to protect the public safety. Gamberella testified that he did tell his girlfriend about his condition shortly after he tested HIV-positive. The 21-year-old woman, who is the mother of their 2-year-old son, is identified in court documents only as D.T. She testified that Gamberella never told her he was infected with HIV. She subsequently discovered she also was infected, but the child Gamberella fathered has not yet been found to be infected. Defense attorney Cleveland Marcel Jr. said the ruling would be appealed.

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