AIDS Victim Fears Prison Time Would Mean Death

A Malibu man who has AIDS was granted an indefinite delay in his Los Angeles federal court fraud trial Wednesday, but was remanded into custody for four months of diagnostic studies that he complained would constitute a “death sentence.”

U.S. District Judge A. Andrew Hauk ordered the defendant, Sheldon L. Block, 36, to be taken to a federal prison hospital in Springfield, Mo.

Hauk then stayed his order until Friday, after Block said he had been diagnosed as having a fatal form of pneumonia related to acquired immune deficiency syndrome.

“Your honor, it’s a death sentence . . . This is a plea for my life,” Block said in Wednesday’s court hearing.

Block said he is undergoing experimental drug treatments that are unavailable at the Springfield hospital, which houses all known federal prison inmates with AIDS.

Hauk ordered Block to immediately check into a local hospital, under guard by a federal marshal, for tests to determine whether he has the form of pneumonia known as pneumocystis carinii pneumonia. Block was ordered to appear back in court Friday.

Block’s trial on 75 counts of mail fraud and one count of racketeering had been scheduled to begin Tuesday. He was indicted in February for allegedly using a telephone “boiler room” sales operation to sell overpriced, and often undelivered, office equipment. Block’s company, Venice-based Park Distributing Inc., allegedly grossed $35.4 million from 1981 to 1985.

He was diagnosed in July as having AIDS.

“The charges I’m facing are selling toner for Xerox machines. I don’t deserve to die for that. I didn’t sell drugs to children. I didn’t murder anyone,” Block said.

Prosecutors and defense attorneys agree that this is the first such case they know of involving a defendant with AIDS.

Block’s attorney, Mark Beck, argued that his client is not physically or mentally capable of standing trial. He said Block came to court Wednesday against the advice of his physician.

Beck submitted to the court a defense psychiatrist’s report stating that brain disease caused by AIDS has reduced Block’s IQ to “the sub-normal range” and rendered him “unable to make rational judgments” or participate in his defense.

Beck also said that the physical rigors of a trial would kill Block.

Although agreeing to delay the trial, Hauk said federal statutes dealing with the mental competency of defendants required him to immediately commit Block for diagnostic studies.

Contradicting their earlier contentions, Beck and Block then told Hauk that Block is alert and mentally capable of assisting in his own defense.

“I am fully alert . . . I will not deny that I may not have some problems, but from listening to me, you can see I am more than mentally competent,” Block said in a soft, steady voice.

Block said he wanted his attorney to drop the motion that he is mentally incompetent, and added that he would be happy to begin trial Tuesday as scheduled.

Hauk, however, said he will order Block to be taken to Springfield on Friday, unless medical reports indicate that such a transfer would be harmful to his health.

Twenty-three of Block’s employees also were charged with mail fraud and related offenses in the alleged scheme. Of those, 21 have pleaded guilty and at least a dozen have agreed to testify against Block, said Assistant U.S. Atty. David A. Katz, the prosecutor.

Block was freed on $1-million bail in February after posting two Malibu homes and a third house in Westlake Village as security.

The prosecution earlier this week filed with the court an investigator’s statement alleging that Block recently was seen working out at a health club and that he is robust and cheerful.