Man charged in rape of boy also accused in rape of brother, 3

January 09, 1995|By Darren M. Allen | Darren M. Allen,Sun Staff Writer

A Carroll County man charged last month in the rape -- and, because he has the AIDS virus, assault with intent to murder -- of his 8-year-old step-grandson, has been accused of commiting the same crimes against the boy's 3-year-old brother.

According to charging documents filed Thursday in Carroll District Court, police allege that the 46-year-old man had sexual contact with the 3-year-old on at least two occasions in September at the man's house and in his van.

The man is the first person whom Carroll County prosecutors have charged with assault with intent to murder because police contend he knew he was carrying the human immunodeficiency virus that causes AIDS. His case is one of a few such cases in Maryland.

The man is already in the Carroll County Detention Center on $100,000 bail on the charges related to the 8-year-old boy.

The man's attorney, Judith S. Stainbrook of Westminster, declined to comment. In a December interview, however, Ms. Stainbrook said her client "didn't abuse the boy. He insists he didn't do anything to him."

The man's name is being withheld by The Sun to shield the identity of his accusers.

The charges involving the 3-year-old come after a two-month investigation and extensive interviews with both brothers and the boys' mother, state police Tfc. Joseph M. Newcomer wrote in the charging documents.

According to charging documents filed last month, the 8-year-old wrote a note to his mother in which he described an afternoon of sex acts in the man's attic. The boy told police that he had been assaulted for four hours.

"I tried to get away, but the door was locked from outside," the boy told officers. "I hate him."

The man married the boys' grandmother in September, Ms. Stainbrook said. She said the two had known each other for some time, and the man proposed marriage so that when he dies of acquired immune deficiency syndrome, his wife would be the beneficiary of his life insurance policies.

"There was domestic trouble from the start," Ms. Stainbrook said.

Trooper Newcomer's charging documents show that the woman acknowledged that she and her husband were contemplating a separation.

Since he was arrested in the first case, the man's lawyers have twice asked for reduction of his $100,000 bail so that he could be freed pending trial.

"He's being treated like this simply because he has HIV," Ms. Stainbrook said.

Prosecutors and defense attorneys said charges such as attempted murder and assault with intent to murder are becoming more common in cases involving people infected with HIV, nationally and in Maryland.

Some experts in AIDS-related law say attempted murder charges can be applied unreasonably, particularly in cases involving spitting or throwing blood, but that such charges could be appropriate in cases involving the alleged sexual abuse of children.

The man is to be arraigned on the charges involving the 8-year-old -- for which he has been indicted -- Jan. 17; no court dates have been set in the latest charges.

If convicted of all the charges against him, the man could be sentenced to more than 80 years in prison in each case.

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