The New York Times - October 24, 1984
Philip Shenon

The defendant also wore a mask, and a clerk covered her nose and mouth with a yellow legal pad in an apparent attempt to prevent contracting AIDS, or acquired immune deficiency syndrome.

At the start of the session in State Supreme Court, the City Health Commissioner, Dr. David J. Sencer, explained to 125 prospective jurors they did not have to fear contracting AIDS from the defendant, Eddie Coaxum.

"I told them that AIDS was not transmitted through the air and that they did not have to be concerned about being in the same courtroom with the defendant," Dr. Sencer said in an interview after court.

At Judge's Request

After Dr. Sencer spoke, Justice Arnold G. Fraiman said he would excuse prospective jurors who did not want to be considered for the case; about half accepted the offer.

Justice Fraiman had asked Dr. Sencer to appear.

Scientists have been unable to explain how AIDS is spread, although sexual contact with a victim is believed to be the chief cause. Most victims of AIDS have been homosexuals or intravenous drug users.

All four court officers at the hearing wore surgical masks. Two also wore plastic gloves. The judge and court clerks did not wear protective clothing.

The president of the court officers' union, Matthew O'Reilly, said he would ask Justice Fraiman to permit the officers to wear surgical gowns. "With AIDS, everything goes wrong," he said. "The germs are spreading all over in the court. I'm very concerned about the officers."

Mr. Coaxum's lawyer, Frank Gould, asked Justice Fraiman to force the court officers to remove the gloves and masks, saying that the protective clothing would harm his client's case by worrying jurors. But the justice denied the request.

Worried Looks From Spectators

During the court session, Mr. Coaxum, who is suffering from an upper- respiratory ailment, coughed several times, producing worried looks from some spectators. After Mr. Coaxum began coughing, Justice Fraiman gave prospective jurors a second chance to be excused, and about 10 accepted the offer.

Mr. Coaxum, of the Bronx, is accused of stabbing a man to death in April 1983 during a drug-related dispute in an East Harlem "shooting gallery," a gathering place for addicts. He was originally tried for the murder last spring, but the trial ended in April with a hung jury. Two months later, prosecutors said, he was diagnosed as having AIDS.

Mr. Gould said he was worried that Mr. Coaxum's condition might lead jurors to suspect the defendant was a drug user.

"There could be some sympathy for him," Mr. Gould said, "but overall I think the effect would be highly deleterious."

According to the lawyer, Mr. Coaxum has been told he has less than a year and a half to live. "He asked me to push the court date up," Mr. Gould said. "He wants this case over with."

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