December 17, 2014–It’s a landmark case said to affect all future “HIV”-related criminal charges in the U.S. On December 9, the Court of Appeals for the Armed Forces heard oral argument to reconsider the conviction of a U.S. Air Force Technical Sergeant alleged to have “engag[ed] in sexual relations without informing his partners that he had tested positive for the Human Immunodeficiency Virus (HIV).”

The appellant, David Gutierrez, denies that he is guilty of “failing to obey a lawful order, committing indecent acts, aggravated assault, and adultery.” In support of the last claim, his brief asserts that he, “with the express consent of his spouse, Gina Gutierrez, engaged in a ‘swinger’s lifestyle’ while assigned to McConnell [Air Force Base].” More significantly, however, the allegations of “aggravated assault” concern the “HIV status” of the defendant, which we at “How Positive Are You” have seen is not certain under current testing procedures.

Private investigator Clark Baker stressed the importance of United States v. Gutierrez: “It could mean the end of all criminal HIV prosecutions in the military and across the U.S.”

Baker’s Office of Medical and Scientific Justice (OMSJ), a California licensed investigative agency, is assisting defense attorney Kevin McDermott, Esq. OMSJ provides expert scientific witnesses in “HIV”-related criminal and civil proceedings, experts who question the validity of the “HIV test” results claimed. Attorney David Steele, Esq.; physician and author Nancy Turner Banks, M.D.; Rethinking AIDS board member David Rasnick, Ph.D.; and former HIV antibody test developer Rodney Richards, Ph.D. have provided valuable input.

An expert analysis of the case appears here.