Brian Stewart

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Brian Stewart
Conviction(s) First-degree assault
Penalty Life imprisonment
Status In prison
Occupation Phlebotomist

Brian T. Stewart (b. 1966) is a phlebotomist from Columbia, Illinois.[1] In April 1998 he was accused of injecting his son with HIV. The incident allegedly happened on February 6, 1992 in St Joseph's Hospital West, which is located 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] Prosecutors stated that Stewart injected his son with the virus when his partner, Jennifer, left the room. On her return, she found her son "screaming and crying".[3] 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] A Missouri jury found Stewart guilty of first-degree assault in December 6, 1998. Stewart's attorney, Joe Murphy, said that "My client has maintained all along that he is innocent"[4] 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] The alleged motive behind the crime was Stewart's wish not to pay child support to look after his son.[4]

The prosecution's case was based entirely on circumstantial evidence, while the defense attorneys argued that the son's infection had been caused by a convicted child sexual abuser or injected-drug user who had visited the boy's home. However, none of the people who had visited the home tested positive for HIV.

[edit] References

  • AIDS Policy Law. 1998 Dec 25;13(22):11.

[edit] External links