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from www.cincinnati.com – Because Andre Davis [pictured left] knew he was HIV-positive and either didn’t tell or lied to his sex partners about that, he should go to prison for a long time, a Hamilton County prosecutor told jurors Tuesday.
“This case is about responsibility, (Davis’) responsibility to tell,” Assistant Hamilton County Prosecutor Amy Tranter told jurors Tuesday.
But Davis’ attorney insisted that wasn’t the issue.
“This case was about one thing – sex,” defense attorney Greg Cohen countered.
Davis, 29, of Hyde Park, is charged with 15 counts of felonious assault, accused of being HIV-positive and not revealing that to sex partners. Twelve women testified in the two-week trial they had sex with Davis and he either didn’t tell them of his status or lied about his status.
Davis was a wrestler – using the names “Gangsta of Love,” “Sweet Sexy Sensation,” “Andre Hart” and “Andre Heart” – whose dream was to work for the World Wrestling Entertainment as a wrestler and referee. The WWE informed him in July 2009 that it wouldn’t hire him because he failed the physical by testing positive for the virus that can lead to AIDS.
The Human Immunodeficiency Virus, which is potentially deadly, can be transmitted through unprotected sex.
Cohen, in his Tuesday closing argument, suggested Davis’ accusers were promiscuous by having unprotected sex and multiple partners. He also noted a company, not a doctor, told Davis of his HIV status.
Tranter, though, countered Ohio law requires those with the virus that can lead to AIDS to inform sex partners of that status.
“These women made decisions in their lives (but) not decisions that broke the law,” Tranter said.
All 12 of Davis’ accusers took the stand to testify they had unprotected sex with Davis and he either never told them he was HIV-positive or lied when they asked.
Cohen, who presented no evidence in Davis’ defense, also verbally attacked during his closing argument the doctor who testified, the social service agency where Davis was told of his legal obligation to reveal his status to sex partners and the HIV test itself.
“The duty to inform attached the moment that he was probably aware he tested positive,” Tranter said.
“I don’t have to prove he is HIV-positive. He knew he probably tested positive and had the obligation to tell sex partners of that.”
Davis also faces similar charges in Warren County.
The case is before Common Pleas Court Judge Jerome Metz. A verdict is expected Wednesday.