Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
Chicago Tribune (CT) - FRIDAY, April 19, 1996 Edition: NORTH SPORTS FINAL Section: METRO CHICAGO Page: 7 Word Count: 544
Teresa Jimenez, Tribune Staff Writer.
John D. Merritt, 45, had pleaded guilty to forgery, possession of a fictitious driver's license and obstruction of justice on Feb. 29. He also was charged with the criminal transmission of HIV, but that was dropped Thursday in exchange for the lesser charge of aggravated battery in a public way.
That means that results of the blood test Merritt was required by the grand jury to take to see if he actually did carry the virus will remain under seal with the court.
"My life has been put on hold. I've had to take blood tests every month," the 24-year-old victim told the court before sentencing. The man, named "Robert," asked that his full name not be disclosed.
"The relationship between me and my girlfriend of five years has been strained," Robert continued. "My parents have been treating me differently. They're more protective."
Merritt's attorney, David Weinstein, said that if his client does carry the virus, the odds of it being transmitted through a bite were slim to none.
Of the 16.9 million cases of HIV reported in the U.S., none was known to have been transmitted through a bite, Weinstein said.
The change in charges did not necessarily result in a lighter sentence for Merritt. He received the maximum 10 years for the battery charge and the other convictions. Merritt could have received a maximum of seven years with the HIV charge, Assistant State's Atty. Suzanne Fitzgerald said.
The convictions stem from an incident on Jan. 6, after Merritt forged a signature on checks written to Sam's Club, authorities said. Then, according to authorities, Merritt tried to flee the store after employees became suspicious and Robert grabbed Merritt to keep him from escaping. At that time, Merritt bit Robert and then told police he had HIV, authorities said.
During the sentencing hearing, Merritt told Judge John Goshgarian he was remorseful and that he did not intentionally bite the employee.
"I would like to apologize," Merritt said. "I'm sincerely sorry for any inconveniences he's gone through. It was a tussle. What happened was merely incidental."
Merritt blamed the incident and his other run-ins with the law on his drug addiction, and said he wanted the court to help him recover.
"I'm asking for some kind of help. I'm in a lot of pain both physically and emotionally," Merritt said.
But Fitzgerald argued that Merritt did not just inconvenience Robert, who still worries that the virus may appear during a blood test.
"This is more than an inconvenience. It's a concern that is going to follow this victim the rest of his life," Fitzgerald said. "The defendant continues to be a threat to the public."
Fitzgerald added that Merritt has received 10 prison sentences over the years, though most were served concurrently.
Weinstein pointed out, though, that Merritt completed two years of college before his drug habit distracted him.
"He had his life going in the right direction and then he got involved in drugs," Weinstein said. "That's the real tragedy."
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