A U.S. air force officer accused of disobeying orders requiring him to tell his sexual partners that he is HIV positive faces assault charges at a military hearing in Wichita, Kan.
Court martial proceedings against Tech. Sgt. David Gutierrez follow allegations he indulged in unprotected sex with multiple women at swingers' parties.
Gutierrez's military lawyers entered not guilty pleas Tuesday to all charges at the start of the hearing at McConnell Air Force Base, where he is stationed with the 22nd Maintenance Operations Squadron. Gutierrez has been under arrest since Aug. 9.
One of his lawyers said in an opening statement that the latest scientific research shows the air force officer's actions do not amount to aggravated assault.
A military judge rejected defence arguments that the assault charges were unconstitutional.
The air force has charged Gutierrez with violating military law by having unprotected sex with at least 10 people without telling them he is infected. He faces 10 counts of aggravated assault — one for each sexual partner — and is charged with violating his squadron commander's October 2009 order to notify his sexual partners about his HIV status and to use condoms.
Gutierrez also has been charged with multiple indecent acts for having sex in front of others. He also was charged with nine counts of adultery.
Women testifed at earlier hearing
Two women testified at a military hearing last year that they had sex with Gutierrez, including at swingers' parties, and that they would not have had done so had they known he was HIV positive. One Topeka woman testified she asked Gutierrez whether he had any sexually transmitted diseases and believed him when he assured her he did not.
Asked why she believed him, she tearfully replied: "Because he is air force. They have integrity. I trusted him."
The defence did not present any evidence at last year's Article 32 hearing, similar to a civilian grand jury.
Special Agent Richard Toth of the Air Force Office of Special Investigations at McConnell testified last year that military authorities found out about Gutierrez's sexual activities through numerous interviews with his wife, who was apparently concerned her husband was not telling his sexual partners of his HIV status.
Gutierrez's wife videotaped some of his sexual encounters.
Commander ordered Gutierrez to use condoms
His commander, Maj. Christopher Hague, testified last year that he gave Gutierrez a written order in October 2009 requiring him to use condoms and to notify his sexual partners of his HIV status before engaging in sex. Gutierrez signed the order acknowledging he had received it, Hague said.
Under military law, Gutierrez could face more than 53 years in prison if convicted on all charges. Other penalties include a dishonourable discharge, forfeiture of pay and reduction in rank.
If found guilty, a sentencing phase would immediately follow the verdict.
