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AIDS Victim Sent to Jail Despite Fear It’ll Kill Him

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From Times Wire Services

A fraud suspect who is suffering from AIDS was ordered jailed Wednesday by a federal judge despite contentions that to do so could kill him by depriving him of experimental drugs.

U.S. District Judge A. Andrew Hauk ordered Sheldon L. Block, 36, of Malibu taken into immediate custody for transport to a federal hospital prison facility in Springfield, Mo., after a psychiatrist testified that Block was incapable of standing trial on fraud charges.

Hauk then delayed his order until Friday to allow the defense time for a physical examination of Block to support claims that immediate incarceration could kill him.

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The judge ordered Block checked into a hospital for the exam and guarded by marshals until he is returned to court Friday.

Block asked that he not be sent to prison because he is on experimental drugs that are not available in the prison system.

Testifying in his behalf, Block said he was told Tuesday night that he might also have a lethal form of pneumonia for which he could also get experimental drugs not available in prison.

The lethal form of pneumonia reportedly could kill him within three months. “I could die in a week or two if I don’t do well on the medication,” Block said. A doctor who examined Block Wednesday afternoon found no indication of pneumonia on a chest X-ray but said additional tests must be conducted.

Block is accused of operating a fraudulent “boiler room” scheme selling photocopier supplies using deceptive sales techniques.

“I’m accused of selling toner for Xerox machines. I don’t deserve to die for that. I didn’t sell drugs to children,” Block said.

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Hauk said he must commit Block to immediate custody once he makes the finding of incompetency based on a doctor’s finding that the acquired immune deficiency syndrome virus has invaded Block’s brain, causing an organic dementia.

Block’s attorney, Mark E. Beck, sought the hearing Wednesday in an effort to prove that his client is physically unable to stand trial. He sought an indefinite delay in the criminal trial scheduled to begin Tuesday.

But when Hauk said a finding of mental incapacity to assist in trial requires him to commit Block to the hospital facility, Beck said his client is more worried about going to jail if found guilty than standing trial.

Block has remained free on $1-million bail pending trial.

Block, president of Park Distributing Inc., was initially indicted by a federal grand jury with 12 others in the alleged $35-million office-supply “boiler room” scheme.

Ten people have pleaded guilty. Trial is set for Tuesday for Block, Douglas John Parsons, 25, of Gardena and Chester Hultberg, 39, of El Cajon.

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