CINCINNATI - The fate of a Hyde Park man is now up to a jury deliberating his felonious assault case. Attorneys presented closing arguments on Tuesday morning in the trial of Andre Davis.
As of Tuesday evening, the jury was not able to reach a verdict. They will resume deliberations Wednesday morning at 9:30 a.m.
Davis is on trial for 15 counts of felonious assault for failing to tell a dozen sex partners that he was HIV positive.
Assistant Prosecutor Amy Tranter said this case is about responsibility. She said it was Davis' responsibility to disclose his HIV status to his partners and not the responsibility of the women to ask. She said he broke the law by not telling the women before they had sexual relations.
The defense questioned the testing procedure and the way in which the report was delivered to Davis. He said the information came from a representative of World Wrestling Entertainment, where Davis was trying to get a contract as a professional wrestler. Defense attorney Greg Cohen said the news did not come from a doctor, but from a business.
He also questioned the reliability of the test results and the expertise of the prosecution witnesses.
"In the absence of proof beyond a reasonable doubt, with the issue of a virus and a test that is not substantiated, because it was not done by Quest, but by another agency, that you must and you should find Mr. Andre Davis not guilty on each and every count," said Cohen.
If convicted on all charges, Davis faces up to 120 years in prison.
9 News will have a crew at the Hamilton County courthouse Wednesday morning, covering the verdict when it's reached. Stay with 9 News and WCPO.COM for the latest updates.
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