Steven Farmer Case Action Notice File contents 171 lines 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 case, now allows for that to be upheld, citing "State 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. ---------------------------------------------------------- > > > > > > 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 ----------------------------------------------