He faced a 30-year sentence for infecting one partner and exposing four others to HIV. It was declared as both barbaric and further criminalizing HIV. Now, six years after his arrest, a judge has granted him parole.
We have been following the story of Michael Johnson since May of 2015 when his 30-year sentence was originally handed down.
In addition to his conduct that sparked headlines around the world, the fear-inspired laws from the early onset of the AIDS crisis inspired a backlash from both the LGBT and legal communities.
In 2016, a Missouri appeals court overturned the conviction, faulting the conduct of Missouri prosecuting attorney Philip Groenweghe. In 2017, Johnson agreed to a 10-year no contest “Alford” plea deal rather than face another trial. The updates below in addition to our original article cover both matters in detail.
Today, GayStarNews is reporting
“Johnson was a star college wrestler at Missouri’s Lindenwood University. Police first arrested him in 2013 and his trial was full of race and sex discussion. Evidence presented to the court included images and descriptions of Johnson’s ‘huge’ penis.
He initially received his 30.5 years prison sentence.
In 2016, a Missouri appeals court overturned this conviction due to the timing of evidence. Last year, Johnson agreed to a 10-year, no contest plea deal rather than face another trial.
‘We had some hopes, because of all the support Michael had received and a couple of other factors, that he would get out at an earlier date,’ one of his lawyers, Eric Selig, said.
His early release depends on him not accruing any violations over the next year and a half.
If released in 2019, Johnson plans to live with his friend Meredith Rowan, who attended his parole hearing, in Indiana.
Many activists and organizations, such as the American Medical Association, criticize laws singling out HIV. Many states in recent years have changed their laws about HIV exposure. Last year, California passed a bill that reduced HIV exposure from a felony to a misdemeanor.”
“Michael was excited that it got approved,” Rowan told BuzzFeed News. “I have to look at it that I have a date, and it’s only 18 months away, and it’s still a lot sooner than a 30-year sentence,” Rowan said Johnson told her. If released as planned, Johnson will have served 60% of his 10-year sentence. The date is contingent upon Johnson not accruing any violations.”
Johnson will remain incarcerated at Boonville Correctional Facility until Oct. 9, 2019.
Watch this blog.
[UPDATE 1: July 15, 2015]
A 30-year sentence was delivered yesterday for infecting one partner and exposing four others to HIV, and it officially makes Michael “Mandingo” Johnson an HIV criminal.
In a nutshell, Johnson actively used social media to attract sexual partners without disclosing his HIV-positive status, much like many gay men do the world over. We covered this in detail in May after the jury reached a guilty verdict. In his sentencing hearing yesterday, as reported by The Daily Mail, St. Charles County Circuit Judge Jon Cunningham said Johnson committed “very severe crimes for not disclosing his HIV status.” Health advocates, however, have a very different take.
“Having unprotected sex is poor judgment, not a criminal act,” said The Center for HIV Law and Policy as quoted in The Nation. They note in addition to Missouri, 31 other states criminalize HIV exposure or transmission and, in some cases, still penalize after status disclosure or condom use. That, and the fact most of these laws were written at the height of the epidemic in the late 80s and 90s, advocates argue, have the unintended consequences of fostering the stigma and heighten the risk of transmission by scaring people today of getting tested.
As LaTrischa Miles of Missouri AIDS Task Force relayed to Poz.com,
“The state of Missouri spends significant resources encouraging its citizens to be tested for HIV. The state then prosecutes people who test positive for HIV and are unable to prove that they disclosed this to their sexual partners. That just doesn’t make sense.
Adding The Atlantic, “Laws that make exposing someone to HIV a criminal act are designed to stop the virus from spreading. But they don’t.” Boom. So what does?
Sorry AHF, but it’s not scare tactics. It’s personal responsibility. The exact opposite of the model who willingly played cum dump then sued Kink.com for allegedly contracting HIV orally.
We will never know if Johnson lied about his status. We will never know if his victims ever asked. We do know no one protected themselves. The Center for HIV Law & Policy calls that “victims put[ting] the government seal of approval on their avoidance of responsibility for personal decisions about their sex lives.”
And Mayo Schreiber, the center’s deputy director says, “Punishing Michael Johnson as if he is a murderer because state officials have failed to address a severely outdated, irrational criminal law is not only fundamentally unfair, it is barbaric.”
Drops mic …
[UPDATE 2: December 1, 2016]
As we originally reported in May of 2015, Johnson was arrested on October 10, 2013.
We followed the story to his sentencing hearing (see original post below) last July when he was remanded for 30 years. Health advocates and legal professionals were flummoxed to put it mildly. A combination of out-dated laws written during the height of the AIDS crisis in the ’80s, the lack of accountability of personal sexual behavior, and the prosecution of HIV+ people accomplished nothing in stopping the spread of the disease and if anything, discourages people from getting testing.
As the NYDailyNews is reporting today, “A panel of the Missouri Court of Appeals’ Eastern District overturned the conviction and sentence for Michael Johnson in a case that has drawn the attention of legal reform groups and gay rights activists.
The panel ruled that the St. Charles County trial court last year abused its discretion by admitting excerpted recordings of phone calls Johnson made while jailed. Those recordings weren’t disclosed to Johnson’s attorneys until the morning of the first day of trial.
The court ruled that the prosecution’s violation was “knowing and intentional and was part of a trial-by-ambush strategy …,” Presiding Judge James M. Dowd wrote.”
Statutes like the one used to prosecute Mr. Johnson are inherently problematic, as they promote stigma and animus towards people living with HIV in violation of their legal and constitutional rights,” Johnson’s attorney, Lawrence Lustberg, said in a statement.
The American Civil Liberties Union of Missouri, which also supported Johnson, said the violation of Johnson’s right to a fair trial was “just the beginning” of trouble with the case, claiming the fact that Johnson was black and gay were factors in his conviction.
“The law under which he is charged is based on outdated science from a time when HIV policy was based on panic,” ACLU attorney Anthony Rothert said. “The prosecution used that fear, along with racism and homophobia, to get a conviction.”
We will continue to follow this case … watch this blog!
[UPDATE 3: September 27, 2013]
Last July, his 30-year sentence for infecting one partner and exposing four others to HIV was declared as both barbaric and further criminalizing HIV. Then, a Missouri appeals court ordered a new trial. Today, those loose ends get tied up.
We have been following the story of Michael Johnson since last July of 2015 when he was initially sentenced to 30 years to infecting another with HIV.
In his home state of Missouri, that is considered a Class A felony. He was also charged with four counts of recklessly exposing someone to the risk of infection, a Class B felony for a total of five.
While the problematic criminalization of HIV rackeled our hackles, the verdict was later reversed due to prosecutorial misconduct.
As Metro Weekly is now reporting that Johnson has, “has decided to enter a no-contest plea.
Under the terms of the plea, Michael Johnson, 25, would be sentenced to 10 years in prison, but would avoid a trial and be credited with time served.
While Johnson is not admitting to fault with a no-contest plea, the difficulty of defending himself may have factored into his decision to accept the deal.”
It is disturbing that Michael is not yet a free man and was not exonerated after his years-long struggle for justice, but we respect and support his decision not to risk a life behind bars,” Mayo Schreiber, deputy director of the Center for HIV Law and Policy. “It likely is the end of his case, but our work to bring an end to HIV criminal laws like Missouri’s continues.”
I support the complete removal of “personal morality” law.
Law should only be applied when there is harm and then only when a lack of consent to the harms is involved.
Drug use and sex come with an understanding of risk (pregancy, disease, temporary swelling/discomfort). Those risks are understood and therefore any consensual sex should not, in my thinking, be prosecutable because someone feels bad about the result.
It’s up to us sane people to do what’s uncomfortable: force idiotic Red States to behave like decent human beings instead of like their newest iteration of “Christian.”
May he rot. We don’t need men like that infecting others.
I am glad he is getting a new trial!!
Here is finally an argument with solid logic on both sides. I see how this is an outdated law and is in desperate need of revision. I also see the desire to punish those who willingly spread HIV. But a law such as this could not possibly be administered fairly. The penalty here is way too steep. Rapist who spread HIV have been known to get less time than this. My guess is that if he had been a white wrestler infecting people he would have gotten 5 years at the most. These laws are unjust and disproportionate sentences for black men is the norm. I would love to know who and what kind of sentence others who have been convicted under this law receives.
30 yrs is long but then again if you can prove a person knows they are poz and that they never told their partners, i have no problem with jail. as far as the attitude that there are good meds out there, it is outrageous, for the rest of my life i need to see and pay doctors, take chemicals and have a chonic disease in my body , facial wasting or maybe my bod dont do well with the meds, maybe i already have a disease that this whole hiv med thing doesnt agree with????? FUCK YOU he can rot..
It’s hard to gage whether it’s a fair sentence or not because there are so many missing components to this case. As outsiders we can only speculate–what was Michael’s purpose in calling and informing the man he infected…to taunt him, or genuinely inform him, remorse? What was his knowledge of HIV…there is so much misinformation about the spread of HIV, it’s incredibly possible he thought he was safe to have bb sex. What was his state in which both parties started having sex–were they drunk, or using drugs? That could’ve impaired Michael’s judgement and explained why he waited days to tell the victim. I think these are all very important questions to ask before we villainize Michael Johnson. I worry about the justice carried out in this case seeing how it’s white college students vs. black HIV+ scholarship student, and it’s taking place in the south…
Also, HIV prevention is JUST as much a bottoms responsibility as the tops. Saying sh*t like “i’ve barebacked before with guys I’ve hardly known, but they were clean because they look clean” makes you look just as stupid and ignorant.
I’m not saying Michael Johnson is completely innocent, he may very well deserve his 60 year sentence–the take away from his is that there are missing facts before we can judge and that bottoms need to recognize that safe sex is a 2-way street.
And what responsibility did the recipient of his dick have?.
HIV has been around since the 70’s , and anyone in this day and age only ask questions and not see a text, but choose to take anyone at face value and open their ass…deserves the state they are in.
hell there are test that will give you results in minutes…but again an unfair verdict for a minority.
The sentence is overly harsh but he knew he was poz and had a responsibility to inform his partners of that fact. Just because they did not use protection does not mean that they deserve to get HIV. Personal responsibility is a two way street.
lets not blame the victims here….
I don’t think this is a crime where there are clear cut victims. Only ignorant people who didn’t take the time to worry about these details and VET the person before fucking them.
I would sentence him to 5 yrs as a cum mop on the set of treasure island videos.
unless you see test results with your own eyes, wear a condom or go on PrEP. Simple as that.
His stupid sex partners should have taken care of themselves.
Michael Johnson should NOT be in jail at all… but 30 years?!?! Seriously?
Stop criminalizing HIV!
Criminalizing HIV? that’s a stretch. Are we really rounding up people with HIV and throwing them in prison?
Sure, should everyone wear a condom every time they have sex…YES. But to try to draw moral equivalency between the two parties is without logic. One person engaged in unprotected sex…reckless. The other, while aware he was HIV+ knowingly and willfully had unprotected sex with multiple partners…criminal.
Your argument that it’s the victim’s fault is tantamount to saying…if she didn’t want to get raped she shouldn’t have worn such a tight skirt.
This is the only comment on this thread that makes sense and shows any sense of compassion.
Lets not forget, all the ones that brought charges against him wanted to fuck him because he was a star wrestler. Where is their personal responsibility in this? Should he have told his partners he was HIV+? Of course, but they also should have asked. Don’t fuck without condoms then blame the other person when you get an std. He should not be in jail.
This 1,000 times. It is the responsibility of each participant to take their own precautions to the extent they see fit. The amount of risk I can tolerate can only be managed by ME — NOT my sex partner(s). They have zero responsibility to me and I have zero responsibility to them — other than to respect rules of consent.
He should not have been arrested, jailed, or tried. There should be no such laws in any jurisdiction.
however if he knew and was knowingly plotting to spread this ..then he should rot in jail..this was knowingly done
AMEN & THANK YOU!!!!
“Don’t fuck without condoms then blame the other person when you get an std. He should not be in jail.”
&
“It is the responsibility of each participant to take their own precautions to the extent they see fit. The amount of risk I can tolerate can only be managed by ME — NOT my sex partner(s). They have zero responsibility to me and I have zero responsibility to them — other than to respect rules of consent.
He should not have been arrested, jailed, or tried. There should be no such laws in any jurisdiction.”
EXACTLY!
Take responsibility for yourselves – don’t even both asking if your partner has HIV because without a test infront of you, you never really know. Take the precautions you feel necessary to protect yourself.
DON’T SEND PEOPLE TO JAIL :(
Lady, the long term benefits of PrEP have yet to be determined!!!
And condoms are ONLY 86 PERCENT effective in stopping HIV!!!! – it’s only 99.9 percent effective as a means of birth control in conjunction with spermicide.
So don’t frame this as bigotry – personal responsibility is on the person to ask, and the person to HONESTLY tell if they have the disease. A lot of gay men are selfish liars when it comes to this. I’ve caught many men in lies before I ever took them to bed. You have to be a skeptic to survive.
Asking is less safe then condoms or PrEP.
People are most contagious is right after infection, so if you think you’re negative, tell your partner you’re negative… then you’re screwed.
You’re safer to have sex with HIV positive on meds and undetectable then someone who thinks they’re negative.
Don’t assume… use PrEP or insist on Condoms :)
love ya boys!
-gaypornmama
“…and the person to HONESTLY tell if they have the disease.”
This is the funniest line of the year.
Purposely infecting others with a fatal virus is barbaric as well, so the punishment fits the crime. Laws are designed to stop a lot of things that continue. Let’s let all the thieves, rapists, pedos and murders go with a slap on the wrist and some sensitivity training too!
The law got it right this time (dropped the ball with Thomas Guerra). Animals belong in cages. It may not stop all infected individuals from intentionally spreading the virus, but it certainly put an end to Mr. Mandingo’s stunts.
He should have been sentenced to 5 year of caring for people suffering from HIV infections or actually dying of AIDS. Putting him jail does not serve anyone’s interests and will not make him a better man.
It’s not always possible to rehabilitate. Some people just need to be removed from civilized society indefinitely.
Wow 30 years? I do believe he deserves some jail time, but 30 years is WAY too long! 5 years max I would prefer.
I agree – the 30 year sentence is way to steep. This punishment doesn’t fit the crime. I agree he is guilty, but he shouldn’t be in jail for 30 years, that is ridiculous.
He punishment was just.
“The” punishment was just.
Mandingo will live like a king in jail…or queen.
Uh, what crack are you smoking? He was convicted because he has HIV…no one is going to touch him. Stupid ass. LMAO!
lol like ppl in jail will really give a fuck what he has. If he’s playing bottom they’re ignorant enough to believe they’ll be much safer, which isn’t completely true.
He is going to get bashed. No doubt about it. When someone hears about how he was convicted and the nature of his crime – I think he will be a target for hate and bigotry by both his peers in the black community(who don’t like gay/bi men) and other men who don’t like he has HIV. I’m not sure how he will survive this. It really is a terrible story, so trying to spin this like he will be staying at the Hilton or have a cushiony experience is totally off base.
The kid can rot in jail. This is not the kind of person that the gay community should support.
Because the only people the gay community should support should be saints? And this: “Laws that make exposing someone to HIV a criminal act are designed to stop the virus from spreading. But they don’t.” So why a 30 year sentence?
Please, elaborate on why you think he shouldn’t be supported?
The article gives several clear cut reasons why this is a travesty of justice and that’s all you have?
The article is garbage and acts as nothing more than a distraction from why he was convicted. This is essentially what the article said… “Having unprotected sex is poor judgment, not a criminal act.” which I think we can nod our heads up and down for a statement like that. But that’s not what happened.
Having unprotected sex knowing that you are HIV positive with multiple partners without disclosing your status IS a criminal act. He knew he was HIV positive. He did not disclose this information. He didn’t do anything to protect his partners. And he willingly and knowingly caused at least one of his partners, maybe others, to contract the disease.
If the gay community is worried about the stigma of HIV, we only have this assholes like this to thank for it. Like I said, let him rot for the full 30 years.
You’re very good at getting mad at this dude. Cool. OK. But you still have not explained how the law he was sentenced stops the spread of HIV.
Your comment makes no sense…by your logic, if jailing someone that commits murder doesn’t stop murder…they should not be jailed. The threshold for punishing someone that commits a crime shouldn’t be that the punishment stops that particular crime.
If this guy were straight and knowingly infecting gay men…this verdict would be celebrated.
I didn’t say that his sentence would stop HIV. It’ll just stop him from spreading it. Hopefully.
What’s crap is your attitude and your unwillingness to accept what the article is saying. HIV is no longer an automatic death sentence. The law he was prosecuted under was written when HIV was a death sentence so, it stands to reason that the laws should be changed and his punishment is unjust.
I do agree that he should have told his sex partners that he was HIV+ but, they also have a personal responsibility to keep themselves std free. So, they should have asked him about his status or used condoms. I don’t believe it was a criminal act worthy of 30 years imprisonment.
It’s not necessarily a death sentence. But what he has done has made it necessary for one person, maybe more people, to take a lifetime of intense drugs. Drugs don’t work for everyone, and people are still living shorter and less healthy lives as a result of this disease. The reality is, this asshole didn’t care what he did to these people. The sentence could have been reduced if the court wanted to reduce it. But evidently they didn’t. I’m fine with his sentence.