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Indybay Feature

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

by Michael Petrelis (MPetrelis [at] aol.com)
Arrest of HIV-positive black youth in South Dakota raises 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

Add Your Comments

Comments (Hide Comments)
by Wack off
Silly fagot - dicks are for chicks.
by Anonymous
If I could pick one law to remain on the books after the revolution, this would probably be the one.

What a worthless excuse for a human being!
by Jameston
As a 'gay man living with AIDS' don't you wish the partner that passed the viris to you had told you ahead of time that he had it?

Personally, I have no objection to a law that requires anyone with a contagious illness to notify partners of that illness and that the punishment be in proportion to the affect of the illness. The answer is not to remove the law required people with AIDS to notify partners.

Do you have a single argument as to why Briteramos should be allowed to spread his viris?

Also, why is it necessary to highlight Briteramos' race? How does that fit into this story? Would it be different if he were Asian? or Indian?
by Moist
1st:

Faggot is spelled with 2 "g"s and dicks are perfectly functional with both genders...ask your daddy.

2nd:

This criminalization of people with HIV is a slippery slope towards the mass incarceration and extermination of "unclean" people, much like what Hitler did with the disabled.

3rd:

What dumb ass people are going around these days getting fucked without a condom? Shouldn't they be just as guilty? I think so.

4th:

There is no fourth, except to say to all of you AIDSphobic, homophobic twits can
SUCK MY ASS!
by rodne
Moist, what are you talking about? HIV people aren't being criminalized. Are you in such denial that you don't think a dick loaded with HIV laced sperm is deadly or HIV infected blood is dangerous? Would you have sex with someone you knew had HIV or gonerria or open-sore herpes?

1) "criminalization of people with HIV" a strange statement by you. People who own guns aren't ciminalized but certainly those who use them and hurt people should be. The laws are saying that deceptive or forced use of a deadly weapon is a crime. Not that having HIV is.

2) "What dumb ass people are going around these days getting fucked without a condom? Shouldn't they be just as guilty? I think so" Another strange comment. Is this your version of social Darwinism? Its interesting that by extension you are calling everyone who caught HIV through sex is a 'dumb ass'.

What is your view of rape by an HIV positive person? Just like any other rape?

3) "AIDSphobic, homophobic " why in the world does requiring people with deadly and contagious diseases to only put volunteers at risk pander to homomphoic tendencies? Is the Red Cross homophobic for screening blood for AIDS? Should HIV people be allowed to donate blood? As to AIDSphobic, doesn't practicing safe sex fit into your definition of AIDS phobia?

Why would you want to protect the right of someone to decieve a sex partner and hide a deadly problem?

Since most people would not voluntarily have unprotected sex with an HIV positive person then having sex without telling that person is a form of rape.
by Paulie
Dear writer....

I can understand you point of view on the fairness of the trial in Huron. Take a quick step back in time to when HIV/AIDS hit the media spot light. I'm sure we can recall what happend.... Stereotypes hit the airwaves. People to this day still beleive for some of those untrue statements to be real. Even more so in rual areas such as Huron South Dakota. Costal areas and/or bigger cities have already over come this moreso than the rual areas. Being in the Midwest I always hear you guys are like 10 years behind the cost. This may not be true all the time, but in HIV?AIDS education and knowledge, this may be true. South Dakota has one thing working agenst it. Most of the HIV AIDS cases in South Dakota are found in Gays. In this rual area case in huron, it is a Male who is straight who is HIV positive, not a Gay male like most HIV/AIDS diagnosis in this small populated state of South Dakota. Not to make this case sound good, but we are a bit behind the times. It sorry that the huron case is happening.... But this could be a key element in helping stoping the stereo type in this rural area that only Gay males have HIV/AIDS here in South dakota.... and now we can say, no here look, it happends here.... Im sure you can see some goodness in the case..
by Diana
Why are you feeling sorry for the man that knowingly spread a DEADLY virus to innocent people. All he had to do is tell the girls and let them make their own choice. AIDS is not the same as other std's because you don't usually die from them and many of them have cures. It is a death sentence. You really need to look at the situation clearly.
by angry
I don't think this can all be considered his fault....it's partially her fault also....she should have known the risks of sleeping with ANY guy that you don't know 100%. Yes, he should have told her, but then again....if someone came up to you and told you that you had HIV and then told you, that you had to have a couple more tests and then expected you to live your life like normal, would you be able to do that? Maybe someone should have thought about getting him some counsling or someone to talk to....it has to be a lot to deal with, especially when you are in a different state away from all your friends and family. Don't get my wrong, I don't think he is completely innocent, but I don't think that he is as evil as you are all making him out to be!
by Fido
The girl (actually girls - this guy seemed to have beded a large percentage of the women in the Dakotas - a real sensitive new-age kind of guy) is stupid and wrong to sleep with anyone unprotected. But the only person she was putting to risk was herself. Studmaster Briteramos was putting others at risk. Maybe 'Angry' doesn't see a differnce but I do.

To use a somewhat silly analogy, the girl(s) were like motorcyclists without helmets. Stupid, but only themselves to hurt. Briteramos was like someone who was very drunk yet knew he was very drunk and got into a car and drove fast down a crowded highway.

You have a right to your opinion Angry, but I disagree competely. Someone who knowingly puts the lives of many women at deadly risk by delibrately concealing something is evil in my eyes.

Remember this, he didn't conceal this fact because he was madly in love with a girl or totally drunk, he 'did it' with many women. AND, if he just wanted to dip his wick he could have gone on line and found HIV positive women. He put these many women at risk, and maybe he killed a few, simply because he had no discipline, no moral fiber, he just wanted to get laid and didn't care who he killed. Sounds to me like Rodne is right - sounds like rape.
by anon
That HIV is the cause of AIDS and deadly is not just "one opinion". It is widespread accepted scientific opinion. A few scientists believe otherwise, and I welcome their research.

A good comparison is in climate change research. Widespread scientific opinion is that human activities are causing "global warming" (more specifically, global climate change - it won't get warmer everywhere). Some scientists believe otherwise - even some who aren't funded by the energy industries - and I welcome their research and criticism.

But for now, I'll go with what is accepted scientific opinion.

To put this in larger perspective, sex has always carried the risk of pregnancy, and, for thousands of years at least, the risk of STDs, some of them, like syphilis, eventually fatal. It was only for a few decades, including the 60s - nessie's generation, that (unprotected) sex was far less risky than it has been for millions of years, with the pill and antibiotics.

That ceased in the early 80s with the appearance of HIV/AIDS, a fatal STD. Those of us who have grown up in these last two decades understand that somewhere at our core. Sex is dangerous again, just like it always was.

That said, with anti-viral therapy (no picnic, certainly), expected lifespans can be extended to something closer to the expected lifespan for syphilis without treatment. So, in some sense, these reactions to HIV-infected patients are exaggerated compared to what we might expect. My own cultural perception is that no one was calling sexually active syphilis victims "murderers" before antibiotics came onto the scene.
by anon
Just a quick connection for your thought. The social changes in the 60s involved a high degree of individualism, included freedom from sexual repression. The downside was that these individualistic tendencies were not tempered with any idea of accountability. Sexual behavior in particular was often irresponsible - unprotected, promiscuous sex. And some have criticized "free love" as geared toward men and not very liberating for women.

Inasmuch as some coherent vision of the society we want is beginning to coalesce, it involves greater freedom with greater responsibility and accountability, both individually and collectively. The ideas of "safer sex" or "protected sex" are part of an idea of sexual freedom with responsibility.

Briteramos and his partners are guilty of enjoying sexual freedom without responsibility. This *should* be addressed in some way, IMHO, but I don't think that heavy-handed state action is the way to go.
by paige23
First off I live in Huron, South Dakota.
And I don't appreciate the way, the media, the Govt., and the public are blowing this case way out of proportion. People just need to mind their own business until the truth really comes out. And he should never have been arrested until they found out the truth.
I am friends with someone that is very close with Nikko and his family. I have talked to his dad.
Nikko came to Huron from Chicago with a clean bill of health. He had to get physicals and everything while he was in Chicago in order to play sports.
His blood tests back home never showed positive signs for HIV/AIDS virus.
He comes to this small town out in BFE, to make something of his life. To go to college, and play basketball here to support the college and Huron.
He got his physical, they drew blood and the nurse never bothered to tell him he had tested positive HIV/AIDS virus. So he got it from someone here.
And they are making it sound like he is bringing it from Chicago.
MTV was here for 2 weeks. They were only supposed to be around for a few days. I am a bartender in a local bar here and it bothers me when they come into my bar and are video taping everything everyone is doing. A friend of mine was trying to have here bachelorett party and it was ruined because of MTV.
People just need to mind their own business until they know the truth and until they know what is going to happen.
Why care about a small townin South Dakota when no one else eve did before until now.
It's bull shit, that this young man is getting put through all of this.
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