Key Witness Refuses to Testify in AIDS Murder Attempt Trial

A 45-year-old transient was cited for contempt of court Tuesday after he refused to testify about his alleged sexual encounters with Joseph E. Markowski, the reputed street hustler who is accused of attempted murder for knowingly transmitting the AIDS virus.

Paris Shaerrell shielded his face with a shirt and remained silent while Los Angeles Municipal Judge Alban I. Niles said the witness would be jailed “until he carries out the orders of this court.”

The prosecution alleges that Markowski had sex with Shaerrell twice last March and denied that he was an AIDS carrier when Shaerrell specifically asked if he was infected. Last month, Shaerrell tested positive for antibodies to the AIDS virus, court documents show.

Deputy Dist. Atty. Antonio Barreto Jr. said outside the courtroom that evidence in Markowski’s preliminary hearing, which began Monday, will show that he knew as early as February, 1986, that he was infected with the AIDS virus.

Could Upset Case

Without Shaerrell’s testimony, four counts against Markowski--two of attempted murder and two of assault with great bodily injury--will have to be dismissed, Barreto said.

Markowski, 29, also has been charged with six other felonies, including two counts of attempted murder for selling AIDS-contaminated blood last June to a private donation center.

Before Shaerrell took the witness stand, his attorney, Deputy Public Defender Victor Salerno, told the judge he had advised his client to invoke the Fifth Amendment against self-incrimination.

Salerno said he was worried that testimony about Shaerrell’s “life style” could have an adverse effect on a strong-arm robbery case pending against him.

“I’m not testifying. I’m not saying nothing,” Shaerrell said.