In a written opinion dismissing a charge of bio-terrorism against a 45-year-old HIV-positive man, Macomb County Circuit Court Judge Peter Maceroni ruled that the mere fact a person is HIV-positive is not enough to accuse him or her of unlawfully possessing a harmful biological substance.
The eight page ruling, released Thursday morning, concludes that HIV is not transmitted by saliva without there being blood present. Prosecutors and preliminary hearing testimony did not indicate Daniel Allen was bleeding at the time he allegedly bit the victim, Winfred Fernandis, Jr.
