BUFFALO, NY - Nushawn Williams, now 36, was sent to prison years ago for rape. Now the man who health officials in Chautauqua County said knowingly infected young women in the Jamestown area with H-I-V in the 1990's is going back before a judge.
Williams has already served his 12-year sentence for crimes he pled guilty to years ago, but now the New York State Attorney General's Office is trying to keep him locked up under the Civil Confinement Law for the most dangerous sex offenders.
Attorney John Nuchereno produced results of an electron microscope analysis of his client's blood which indicated he does not have HIV. The test was done by the University of Massachusetts School of Medicine.
William Samsonoff, an expert with the State reviewed the results and said "the use of an electron microscope result to further the conclusion that an individual is not HIV positive is, in my professional opinion, junk science and is an inappropriate misleading use of a scientific result and is not and would not be accepted in either the scientific medical community or the smaller professional sub-category of electron microscope analysis as a scientifically accepted procedure or test for HIV."
The State Attorney General's request for another test was denied.
Jury selection begins on Wednesday. 12 jurors will be seated and testimony is scheduled to begin next Monday in Mayville, New York.
The courtroom will be closed to the public. Nuchereno says it is because what will be revealed "deals with the most personal and confidential mental health records, and the court wants to ensure privacy."
Williams has not authorized the release of his health records, he said.
Jurors will decide if Williams suffers from a mental abnormality. If they decide he does, a Judge will enter phase two and determine confinement. Civil confinement is designed to take the worst sex offenders and keep them out of society.
Williams, according to his lawyer, "has repeatedly denied knowing that he was informed that he was HIV Positive until after he was arrested."