Jury finds Andre Davis guilty in HIV assault trial

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Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Andre Davis

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Posted: 11/23/2011

CINCINNATI - A  jury of 12 found Andre Davis guilty of 14 counts of felonious assault for failing to tell more than a dozen women that he was HIV positive.

The charges stem from allegations of 12 women who claim Davis did not tell them he was infected with the HIV virus before having sexual intercourse with them. There is an Ohio law that requires anyone to reveal that information before having any sexual interaction with a partner. Failure to do so, police say, is grounds for felonious assault chargers.

Investigators say he learned of his status after he had a medical exam for an offered contract with a professional wrestling organization. Davis was a wrestler who went by the name of Andre Heart, but his contract was rescinded after the test results showed he was HIV positive.

Closing arguments wrapped up Tuesday morning. The defense claimed there was no "Burden of Proof," that Davis has HIV. Defense attorneys argued that the state did not prove that Davis was indeed HIV positive, nor did they prove that the HIV virus leads to AIDS. Attorneys for Davis say the prosecution only provided lab results from another lab, where the test was performed. The defense also argued that because the test was not done at a clinic or hospital in Hamilton County, there was a possibility the test could be inaccurate.

However, the prosecution says the defendant, Davis, indeed knew he had HIV. The prosecution says because Davis had knowledge that he had the virus, he broke the law because he failed to inform his partners. Prosecutors said a former girlfriend of Davis testified that the results were in his home. They also said that he went to Stop Aids, an organization that helps people who are infected with the virus.

Davis faces up to 120 years in prison when he's sentenced.

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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