Brian Stewart (phlebotomist)
| Brian Stewart | |
|---|---|
| Conviction(s) | First-degree assault |
| Penalty | Life imprisonment, eligible for parole 2011 |
| Status | In prison |
| Occupation | Phlebotomist |
Brian T. Stewart (born 1966) is a phlebotomist from Columbia, Illinois[1] who was convicted in December 1998 of injecting his son with HIV-contaminated blood.
The incident occurred on February 6, 1992 in St Joseph's Hospital West, in Lake St. Louis, Missouri. Stewart's son, who was 11 months old at the time, was being treated in hospital for asthma and pneumonia when he was infected with the virus.[1][2] The boy was diagnosed with AIDS in 1996.
On April 22, 1998, Stewart was charged with first-degree assault; the county prosecutor stated that this was because first-degree assault results in a longer sentence than an attempted murder conviction.[2]
Prosecutors stated that Stewart was a phlebotomist who had daily access to blood, and Stewart's co-workers testified that Stewart had previously made threats to harm people using contaminated blood when he was angry. The motive behind the crime was Stewart's desire to avoid paying child support to the boy's mother.[3] It was contended that Stewart injected his son with the virus when the boy's mother left the room, and on her return, she found her son "screaming and crying".[4]
A Missouri jury found Stewart guilty of first-degree assault on December 6, 1998. Stewart's attorney, Joe Murphy, said that "My client has maintained all along that he is innocent"[3] and also claimed that "Mom made an allegation and everyone ran with it."[5]
On January 9, 1999, Stewart was sentenced to life imprisonment at St. Charles County Circuit Court.[6] Judge Ellsworth Cundiff said that the maximum sentence was inadequate, and told Stewart "injecting a child with the HIV virus really puts you in the same category as the worst war criminal" and "when God finally calls you, you are going to burn in hell from here to eternity."
Stewart is eligible for parole in 2011.[7] If his son dies, Stewart could be tried for murder.
[edit] References
- AIDS Policy Law. 1998 Dec 25;13(22):11
- ^ a b Thomas, Jo (1998-12-04). "Man Accused of Injecting H.I.V. in Son". New York Times. http://query.nytimes.com/gst/fullpage.html?res=9D0DEFDB103BF937A35751C1A96E958260. Retrieved 2008-05-24.
- ^ a b "Man accused of injecting infant son with HIV". CNN. 1998-04-22. http://www.cnn.com/US/9804/22/briefs.pm/aids.father/index.html. Retrieved 2008-05-24.
- ^ a b "Mother in HIV case pleads for privacy". CNN. 1998-04-24. http://www.cnn.com/US/9804/24/aids.injection/. Retrieved 2008-05-24.
- ^ Wass, Julian (2002-11-08). "A Weekly Compendium of Horror Stories from Around the Globe". Stanford Daily. http://daily.stanford.edu/article/2002/11/8/theWorldIsSoTight. Retrieved 2008-05-24.[dead link]
- ^ "Man convicted for injecting his son with HIV virus". CNN. 1998-12-06. http://www.cnn.com/US/9812/06/aids.inject.conviction/. Retrieved 2008-05-24.[dead link]
- ^ "National News Briefs; Man Is Given Life Term In Boy's AIDS Infection". New York Times. 1999-01-09. http://query.nytimes.com/gst/fullpage.html?res=9805E5D91F3EF93AA35752C0A96F958260&n=Top/Reference/Times%20Topics/Subjects/C/Children%20and%20Youth. Retrieved 2008-05-24.
- ^ Taylor, Betsy (2009-06-06). "Injected with HIV by dad as baby, teen inspires". Associated Press. http://news.yahoo.com/s/ap/20090607/ap_on_re_us/us_teen_hiv_injection. Retrieved 2009-06-08.[dead link]
