Arrest of HIV-postive black youth in S. Dakota brings concern

April 30, 2002

GAYS IN S.F. CONCERNED OVER HIV-POSITIVE BLACK YOUTH ARRESTED IN SOUTH DAKOTA


I am greatly concerned about an 18 year old HIV positive African American youth who was arrested last week in Huron, South Dakota, and charged with violating the state's law requiring HIV positive persons reveal their HIV status to their sex partners. The youth's name is Nikko Briteramos and he faces 75 years in jail, if convicted. His bail is set at $10,000.

As a gay man living with AIDS, I think a few points must be made about this case.

First, South Dakota Gov. Bill Janklow has seriously jeopardized Briteramos chance of a fair trial by remarking in a telephone news conference on April 26 that "This is no different than pointing a gun at somebody and pulling the trigger." That comment, since it was widely reported across the state, and indeed the country, will taint with prejudice any potential jury pools. Janklow has unfairly spread the notion that Briteramos is guilty until proven innocent. Janklow's gun and trigger analogy is a verbal lynching of the highest order.

The governor should recant his outrageous statement and engage in responsible behavior that does not hinder the legal process in this emotionally charged case.

Second, the South Dakota law Briteramos is charged with violating requires that sex partners reveal only their HIV positive status. Nothing in the law says people with other sexually transmitted diseases, such as syphilis and gonorrhea, must inform sexual partners of having those diseases.

Is this law an example of "AIDS exceptionalism?" AIDS exceptionalism is either when regular STD laws don't apply to HIV, or when laws only apply to HIV, as in South Dakota. The term also applies to federal funding for AIDS programs, in which HIV programs get money for services like bowling leagues and flirting classes, but no other disease gets federal money for such classes.

I question the constitutionality of the law Briteramos is accused of breaking.

Thirdly, the bail is excessive. A judge has denied requests to release Briteramos on his own recognizance, and to reduce his bail of $10,000.

Donations to his bail fund are being accepted by his public defender attorney Mary Keller. Send checks made out to the Keller Law Office Trust, c/o Keller Law Office, PO Box 97, Huron, South Dakota. Be sure to write the words "Nikko Bond" on the memo line of the check.

I have raised a small amount toward Briteramos's bail from friends and have already mailed a check to the Keller law office.

Fourth point: the federal Centers for Disease Control and Prevention, which has spent more than $1 billion over the past decade to educate the American public about how to avoid contracting and spreading HIV must be held accountable for their alarming failure to educate all youth, whether they live in urban, rural or suburban areas, to prevent HIV infections.

The alarming failure of the CDC's HIV prevention programs, can be blamed on two people: the former head of HIV prevention for the CDC, Dr. Helene Gayle, who now has a top position at the Bill and Melinda Gates Foundation for global HIV prevention efforts funded by the founder of Microsoft; and the current director of the CDC HIV prevention division, Dr. Ronald A. Valdeserri.

Fifth and final point: I ask all people concerned with a fair trial, without prejudice, for Briteramos to contact Gov. Janklow and demand that he recant his gun and trigger statement. Write or email Janklow at:

Office of the Governor
500 East Capitol
Pierre, SD 57501-5070
(605) 773-3212
sdgov [at] state.sd.us


Many controversial issues are associated with the Briteramos case, and I pray South Dakotans will insist that despite the controversy, that Briteramos be given a fair trial, without politicians using inflammatory language to pre-judge the defendant in the media.

For background on this case visit, http://www.argusleader.com, the web site of South Dakota's largest newspaper.

Sincerely,
Michael Petrelis
2215-R Market Street, #413
San Francisco, CA 94114
PH: 415-621-6267
Email: MPetrelis [at] aol.com