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Military high court to hear Kan. HIV assault case

Published on -11/21/2013, 8:41 AM

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WICHITA, Kan. (AP) -- The highest U.S. armed forces court will hear oral arguments next month in the appeal of a Kansas airman convicted of assault for exposing multiple sex partners to HIV at swinger parties in Wichita.

The U.S. Court of Appeals for the Armed Forces has set arguments for Dec. 16 in the case of David Gutierrez.

Gutierrez was a sergeant serving at McConnell Air Force Base when he was sentenced in 2011 to eight years in prison and stripped of his rank for aggravated assault.

The court also will consider whether the evidence supports his adultery conviction, since his wife participated with him in the "swinger's lifestyle."

Defense attorney Kevin McDermott says in an emailed statement the case has the potential to impact HIV testing and prosecution in the military.

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