From: nyt%nyxfer%igc.apc.org@MIZZOU1.missouri.edu (NY Transfer News)
Subject: Forced HIV testing & imprisonment:Farmer Case alert
Followup-To: alt.activism.d
Originator: daemon@pencil.cs.missouri.edu
Organization: NY Transfer News Collective
Resent-From: "Rich Winkel" <MATHRICH@MIZZOU1.missouri.edu>
Date: Mon, 11 Jan 1993 19:48:41 GMT


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.

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> > > > > > 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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