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- Newsgroups: misc.activism.progressive
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- From: nyt%nyxfer%igc.apc.org@MIZZOU1.missouri.edu (NY Transfer News)
- Subject: Forced HIV testing & imprisonment:Farmer Case alert
- Message-ID: <1993Jan11.194841.16564@mont.cs.missouri.edu>
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- Resent-From: "Rich Winkel" <MATHRICH@MIZZOU1.missouri.edu>
- Date: Mon, 11 Jan 1993 19:48:41 GMT
- Approved: map@pencil.cs.missouri.edu
- Lines: 177
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-
- Via NY Transfer News Collective * All the News that Doesn't Fit
-
-
- Steven Farmer Case Action Notice
-
-
- SEATTLE -- Only because he is HIV positive... they
- sentenced him to more than 7 years in prison.
-
- On July 1,1988 Steven Farmer, after being tested for the
- AIDS antibody against his will, was sentenced to seven and
- one half years in prison for the crime of being HIV positive.
-
- On February 27,1990 an appeal was heard by the
- Washington State Supreme Court. A decision was rendered
- February 14, 1991.
-
- Forced HIV testing and the criminalization of AIDS are
- an attack on every person's civil liberty and constitutional
- right to privacy. Forced testing also drives the disease
- underground, with disastrous public health consequences.
-
- The case sets a dangerous national precedent.
- Essentially any persons, particularly those perceived to he
- "High risk, " can be arrested, tried, and subjected to
- discriminatory sentencing if a judge decides they might be
- infected with HIV.
-
- If the Farmer sentencing is not overturned, it will not
- matter that an activity is legal, nor will it matter that the
- activity could not transmit AIDS at all. With this legal
- precedent, any judge in any case can indiscriminately order
- testing and multiply a sentence many times over if the
- person tests HIV positive.
-
- What we have here is first and foremost a simple case in
- which Steven Farmer, because he is gay, became a
- scapegoat in a political witch-hunt. AIDS hysteria fueled an
- incredible and horrifying sequence of events which led to
- Steven being forced-tested for AIDS and sentenced for a
- crime fabricated by the prosecutors' office.
-
- The Farmer Case is actually two cases. Steven was
- originally in the legal system in a small misdemeanor plea-
- bargain case. After AIDS was raised as a possible issue,
- Steven suddenly found himself scapegoated, pilloried in the
- media, and slapped with new, contrived felony charges.
-
- Farmer is a first time non violent offender who at most
- would have received a 90 day sentence, as is the law. (If he
- was a heterosexual) Most repeat violent offenders, some
- with numerous past felony convictions, did not and do not
- receive as much time in prison than what Mr. Farmer
- received.
-
- An example of this case "loophole' , now created by the
- Washington State Supreme Court on the Real Facts
- Doctrine would be that someone can be charged with and
- convicted of say .. shoplifting, for up in front of a judge for
- sentencing .. and the prosecutor can tell the judge.. and
- perhaps have a couple of "dubious witnesses" to back
- him/her up, that the defendant also had robbed a convenient
- store sometime in his/her past...never charge them with that
- crime much less prove it.. but then have the judge sentence
- the defendant to 3 times the sentence using that as the
- reason. This loophole that has been created in the Farmer
- verses
- Farmer" in the Washington State Law books.
-
-
- --------
- Currently
- --------
- Court appeal
-
- Farmer has *finally* been able to exhaust all State
- remedies and can now go forward to federal court. ( A fair
- trial in Washington state because of the AIDS hysteria
- withchunting is not possible at this time) Having the Katz
- testimony expunged from the record was a victory of sorts
- something necessary to do for the expected successful
- appeal. The issues of Equal Protection under the law, and
- due process will also be a big part of as subsequent appeal
- to the Federal Court. We believe that the Federal court will
- act more responsible than the Washington Supreme Court
- did. They rarely allow created prosecutor/ press created
- public opinion and politics and hysteria to enter into their
- decision something that the State Supreme's and
- Washington Courts aren't suppose to do either. It has long
- been known that Washington State doesn't even follow their
- own laws and make them up as they go along.
-
- Farmers attorneys, activists and friends believe that
- Farmer will finally win this vital fight, which has now been
- going on for over 5 years, at the Federal level. Farmer's
- defense fund committee was successful in raising the
- necessary 20 thousand dollars that was needed to continue
- this last appeal. The cost of justice doesn't come cheap. It
- will now cost another 10 thousand dollars to take it the rest
- of the way to Federal Court. Farmers' supporters, Defense
- Fund Committee are now launching another fund raising
- effort on behalf of this case and Mr. Farmer. Two donors
- who wish to remain anonymous, have pledged that they will
- match dollar for dollar all moneys raised for this next appeal
- effort.
-
- ----------------------------------------------------------
- > > > > > > C L E M E N C Y A C T I O N < < < < < < <
- ----------------------------------------------------------
-
- A C T I O N A L E R T A P P E A L
- HELP NEEDED
- The Washington State of board of pardons will be meeting in
- March of this year to review the clemency appeal that
- Steven Farmer has applied for.
-
- Activists, friends, supporters of Farmers case from around
- the world are asking that interested individuals write the
- pardons board in support of Stevens appeal for clemency. A
- short note can be sent to:
-
- Chair, Clemency & Board
- c/o Office of the Governor
- Post Office Box 40002
- Olympia, WA 98504 - 0002
-
- --------
- Information Requests
- --------
- If you would like any further information about the Steven
- Farmer case please contact by email:
- Tom Hicks GLU-Gay Lesbian University/Seattle
- tomh@halcyon.com
- Suggested email files available include
- >>>>>>> Reguest
- Steven Farmer case part one. 541 lines
- Steven Farmer case update, part two. 220 lines
-
- Snail mail can be addressed to:
- GLU - Gay Lesbian University
- POB 20771
- Seattle, WA 98102
- 206-323-7483
-
- OR
-
- Stonewall Committee for Lesbian & Gay Rights
- 6727 Seward Park Ave. S.
- Seattle, WA 98118
- 206-722-0938
-
- OR
-
- Steven Farmer Defense Fund
- 1202 E Pike St. #1007
- Seattle, WA 98122
-
- KIRO channel 7 was recently was quoted in one of its
- news segments on current events of the Farmer case that "It
- is feared", referring to Mr. Farmer, "That he will outlive his
- sentence and be released to the streets again." We are
- committed to see that happens. This is not a "Fear" it is
- called, justice.
-
- ---------------------------------------------
- Posted and prepared by
- GLU Gay Lesbian University/Seattle
- tomh@halcyon.com
- ----------------------------------------------
-
-
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- + All the News that Doesn't Fit * Internet: nyxfer@panix.com +
-