Fla. court grants motion to release man charged with crime for supposed transmission of HIV

June 14, 2011 | Last updated: July 31, 2020

Daniel Hay Lewis — who is not HIV-positive but was arrested by the Broward Sheriff’s Office and charged with the criminal transmission of HIV — should be out of custody Tuesday or Wednesday. #

Jason Blank, the assistant public defender representing Lewis, writes in an email: #

Today I had a hearing on Daniel’s case to reduce his bond. The court granted my motion and released him to the services of Pre-Trial Release. He should be out of custody sometime today or tomorrow. #

The motion argued that Daniel’s bond was unreasonable, that he could not afford it, and asked that he be released on non-monetary bond conditions to be monitored by Pre-Trial Release. #

The motion presented by Blank to Judge Cynthia Imperato argues that: #

The Defendant is not charged with a capital crime or an offense punishable by life imprisonment. Defendant’s bonds were increased due to the nature of the charges which Defendant has information to show were falsely alleged. The increase of his bonds goes to show nothing more than a discriminatory practice against those allegedly infected by HIV. #

The Broward state attorney’s office has not yet filed any charges, according to Blank. “I have a call into the State Attorney case filer, but have received no response yet,” he writes. #

Lewis was arrested on May 31. His charges included the criminal transmission of HIV, but while in custody he was tested and, according to Blank, Broward County jail medical records show the results were negative. #

Blank wrote, “It is clear that the officer’s sworn allegations of Daniel’s infection with HIV is not only a lie and highly illegal, but is being used to cover-up the excessive use of force during his arrest.” #