Chicago Tribune (CT) - FRIDAY, March 1, 1996 Edition: LAKE SPORTS FINAL Section: METRO LAKE Page: 1 Word Count: 628
Teresa Jimenez, Tribune Staff Writer.

John D. Merritt, 45, of Chicago, was charged with criminal transmission of the HIV virus, among other crimes, after the alleged biting incident on Jan. 6.

On Thursday, Merritt decided to plead guilty to those other charges related to the arrest. But Merritt's attorney, David Weinstein, said his client will not plead guilty to the charge that he intentionally tried to transmit the disease.

Now Assistant State's Atty. Suzanne Fitzgerald says she has to decide whether to go ahead and prosecute Merritt on the allegation that he intentionally tried to transmit the HIV virus. Results of the blood test he was ordered to take after the arrest have been sealed by the court.

Employees at the Gurnee store on that January day caught Merritt trying to write a forged check. While trying to escape from the store, Merritt allegedly bit one employee who tried to stop him from leaving the store and scratched another, authorities said.

Police charged Merritt with forgery, obstruction of justice, possession of a fraudulent driver's license and criminal transmission of HIV.

About a week after Merritt's arrest, the Lake County grand jury ordered Merritt to undergo a blood test to see if he carried the virus, authorities said.

But Lake County Judge John Goshgarian issued a gag order preventing attorneys from disclosing the results to the public until the trial, to protect Merritt's privacy.

Fitzgerald said she will decide at Merritt's sentencing on April 4 whether to prosecute Merritt for the transmission charge. His trial for all the charges originally was scheduled for March 11.

"It's still alive and kicking," Fitzgerald said outside court on Thursday. "For the record, the charge is still pending."

Though Fitzgerald cannot disclose the test results, she has pointed out that the transmission charge has not been dropped. The victim, she said, has been notified of the results.

In the meantime, Weinstein said he is preparing to line up medical experts who will say the chance of a biter transmitting HIV is almost impossible. Merritt, still behind bars, is being held in Lake County Jail on a $50,000 bond.

"We won't plea based on the fact that our experts say that if he does have HIV, the chances are millions and millions to one" of transmission, Weinstein said. "He would have to be bleeding in the mouth, and there's no evidence of that."

Fitzgerald, however, also has sought out medical experts. Weinstein acknowledged that if the case does go to trial, it would come down to which medical expert should be believed.

Weinstein said he thinks the odds are in his favor because there are no known cases of HIV being transmitted through a bite out of the 9.6 million reported cases.

Merritt faces a maximum sentence of 10 years in prison for Thursday's convictions of forgery, obstruction of justice and possession of a fraudulent driver's license, Weinstein said.

But those charges don't go far enough to address the fear that the employee, a single man in his 20s, has suffered since Merritt admitted to having the virus, Fitzgerald has said. Merritt could receive 3 to 7 years in prison for the transmission charge, she said.

The transmission charge has been somewhat controversial since it became law in 1989. In 1993, the Illinois Supreme Court upheld the law after hearing arguments that it was too vague.

Prosecutors have only occasionally tried people on the charge, and most cases involve sex offenders.

"Just put yourself in the victim's shoes. What if you or someone in your family got bit? Wouldn't you be scared to death?" Fitzgerald said. "What if (the employee) tests positive?"

960301
CT960301

Always watch for outdated information. This article first appeared in 1996. This material is designed to support, not replace, the relationship that exists between you and your doctor.

AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.

Copyright ©1980, 1996. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .