Soldier acquitted in AIDS assault case after HIV tests shown to be completely bogus
By Ethan A. Huff
An Army sergeant who was falsely accused of being HIV positive, and who spent 240 days in pretrial custody as a result, has officially been acquitted of the charges levied against him. Thanks to the efforts of the Office of Medical and Scientific Justice (OMSJ), a private investigative agency that focuses on medical and scientific fraud, Sgt. "TD," who was arrested in 2011 for HIV-related criminal charges, has been vindicated of his HIV-positive status, which has also caused the legitimacy of HIV tests to once again be called into question.
A former girlfriend of Sgt. TD, as well as three other women, reportedly pressed charges against the man after several ELISA (enzyme-linked immunosorbent assay), Western Blot, and viral load tests revealed that he was allegedly HIV-positive. Based on these tests and on affirmations by both a doctor's diagnosis and a soldier's signed confession, each of the women claimed that Sgt. TD exposed them to HIV without disclosing that he was infected, which is said to constitute aggravated assault.
Initially, it appeared as though Sgt. TD had no defense, and would have to potentially serve 37 years in federal prison for his alleged crime. But after Sgt. TD's attorneys asked OMSJ for help on the case, to which the group agreed, it was eventually shown that each of the HIV tests conducted, including Western Blot, the so-called "gold standard" of HIV tests, could not be relied upon for absolute accuracy in light of the numerous outside factors that may have tainted their results.
"The underlying diagnosis of being HIV-positive was unreliable, and the reason it was unreliable is because the tests used [...] the standard tests for claiming that someone is infected with HIV, if you really dissect them, they don't do that," said attorney David Steele Esq., who observed the trial and recently spoke about it with radio host Celia Farber and Dr. David Rasnick, Ph.D.
"There was a significant doubt whether or not TD was infected with HIV. He was totally healthy. This is a man with no symptoms. And if there was a doubt on whether he was infected with HIV, obviously he could not be convicted of transmitting that allegedly fatal virus to people."
You can listen to the entire audio of Steele's interview here: http://www.omsj.org/2012/PRN-SgtTD.mp3Sgt. TD's HIV tests invalid due to vaccines he was not allowed to receive
One of the primary factors that is known to affect the legitimacy of popular and widely-accepted HIV tests is vaccines. And Sgt. TD had reportedly received a battery of vaccinations around the time when his HIV tests, many of which are known to produce false positives to begin with, were conducted. This key piece of information was used in Sgt. TD's defense to help acquit him of the charges filed against him.
But the fact that these vaccines, which were not named, are linked to false positives says a whole lot about the reliability of HIV tests in general. Not only are most Americans compliant with the vaccination schedules put out by the likes of the U.S. Centers for Disease Control and Prevention (CDC), which increase their chances of having a false positive, but many of them are likely exposed to other factors that contaminate the results of HIV tests.
HIV tests, after all, do not even test for the presence of the actual HIV virus, but rather the antibodies that the body would produce in response to it. As a result, roughly 50 percent of all HIV tests that show up positive are phony, according to a 2010 study published in the Journal of the American Medical Association (JAMA). And certain vaccines are responsible for causing a nearly 90 percent false positive rate for HIV tests (http://www.dreddyclinic.com/forum/viewtopic.php?f=50&t=23468
).How many individuals have been illegitimately imprisoned due to false HIV-positives?
The legal ramifications for individuals that fail to disclose their HIV-positive status to sexual partners are severe, as the courts consider this to be attempted murder. But with the integrity of HIV tests called into question, it begs the question as to how many other people besides Sgt. TD have been falsely imprisoned.
While Sgt. TD spent only 240 days in prison before his trial, he could have spent several decades there if the OMSJ had not pointed out the problems with HIV tests. Many others, including Andre Davis, a professional wrestler who was recently sentenced to 32 years in prison for failing to disclose his allegedly HIV-positive status (http://www.usatoday.com/news/nation/story/2012-01-24/ohio-wrestler-hiv/52768272/1
), have not received the same legal benefit of the doubt.
For more on the Sgt. TD case, check out this Robert Scott Bell interview with attorney David Steele: http://www.omsj.org/2012/RSBSteele3.mp3Sources for this article include:http://www.omsj.org/issues/ustd