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‘A’s Bandit’ Reports He’s HIV Positive

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David Malley, the “A’s Bandit” who was sentenced to more than 12 years in prison, said Thursday that he has tested positive for HIV, the virus that causes AIDS, and might die before he is released from prison.

Th 22-year-old Malley, who gained notoriety last year after his arrest in connection with a string of bank robberies in San Diego, in which he sometimes wore an Oakland A’s baseball cap, said he is appealing his sentence partly on the basis of his medical condition, which he said he discovered Jan. 3.

Malley contended that authorities at the Metropolitan Correctional Center, where he is being held, documented his illness Dec. 16, four days before he was sentenced but that the information was never given to the court.

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However, Malley said Chief U.S. District Judge Judith Keep said she considered the possibility that Malley might be HIV positive before sentencing, as she did not yet have the results.

On Thursday, during a hearing in which Malley retained attorney David Bartick to represent him during his appeal, Bartick asked Keep whether she considered Malley’s condition before sentencing, Malley said. Keep said she had, according to Bartick.

Keep could not be reached for comment.

“They should be embarrassed that I’ll sit here and die in prison,” Malley said. “This was a death sentence.”

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