Important note: Information in this article was accurate in 1993. The state of the art may have changed since the publication date.
Los Angeles Times (LT) - THURSDAY December 2, 1993 Edition: Orange County Edition Section: Metro Page: 1 Pt. B Col. 5 Word Count: 342
Dvan Maharaj; Times Staff Writer
Deputy Dist. Atty. Christopher Kralick said the district attorney's office withdrew the charges because the accused, David Mazer, 45, of San Clemente, agreed to pay the woman a sum of money to settle the case.
Lawyers for both Mazer and the woman he is accused of attacking have agreed to keep terms of the settlement confidential, Kralick said.
Mazer's attorney, Marshall Schulman, declined comment beyond saying, "I'm glad that it's all behind us and everyone can get on with their lives now."
But Kralick said Mazer's rapidly deteriorating health was a significant consideration in the decision to settle the case. Mazer is at the terminal stage of AIDS, Kralick said.
Mazer was due to appear in Municipal Court on Tuesday to answer a misdemeanor charge that he spat in the eyes of 73-year-old Elizabeth Mimm of Mission Viejo. It was the first Orange County case in which a defendant was accused of using AIDS as a weapon in an assault, officials said.
The incident occurred in October, 1992, outside a Clinton rally at the Pacific Amphitheatre in Costa Mesa. Mimm, who was holding a placard supporting then-President George Bush, when Mazer approached her, screamed that Bush was the reason why he was infected with the virus that causes AIDS and then spat in her eyes.
Prosecutors rejected a police recommendation that a felony charge of assault with intent to commit murder be filed against Mazer, saying there is no medical evidence that saliva alone can transmit the deadly human immunodeficiency virus, which causes AIDS.
Mimm, who has tested negative for HIV, filed a civil suit against Mazer, alleging that she lives in fear of contracting AIDS and that Mazer intentionally inflicted emotional distress and harm during the incident.
Mimm, however, agreed to ask prosecutors to drop the criminal case as part of the settlement of her civil lawsuit.
931202
LT931209
Copyright © 1993 - Los Angeles Times. All rights reserved. Reproduced with permission. Reproduction of this article (other than one copy for personal reference) must be cleared through the Los Angeles Times, Permissions, Times Mirror Square, Los Angeles, CA 90053. http://www.latimes.com.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, the National Library of Medicine, Pacific Life Foundation and donations from users like you.
Always watch for outdated information. This article first appeared in 1993. 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, 1993. 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. .