Judge Upholds Blood Test for Victim of AIDS

A judge ruled Friday that a man who allegedly bit two police officers during a Gay Pride Parade can be tested for AIDS antibodies despite a state law prohibiting such testing without the consent of the person.

San Diego Superior Court Judge Richard Huffman upheld an Aug. 20 ruling by Municipal Court Judge Bruce Edwards, who approved the testing of the blood sample taken from Brian Barlow, 39, of San Francisco.

Barlow’s attorney, Peter Hughes, said that he will appeal the decision to the 4th District Court of Appeal and that, if he loses there, he will appeal to the California Supreme Court.

Prosecutors want the test results so they can upgrade the criminal charges against Barlow, who is charged with two counts of battery on a police officer and resisting arrest during the June 7 parade in Hillcrest. Barlow reportedly had knocked down a sign of a parade protester.

Deputy Dist. Atty. Sally Penso said the charge could be assault with a deadly weapon, with “the deadly weapon being the (AIDS) virus.” A great bodily injury enhancement could be added, she said, which could result in an additional three-year sentence.

“There’s been a stay order issued by Judge Edwards that there be no testing until further order by the court, so the testing is on hold by agreement,” Hughes said.

Hughes said Officer Ray Shay was bitten on the knuckle and Officer George Ground was bitten through his uniform and T-shirt. Ground testified that neither his clothes nor skin were punctured.