Subject: Attempted Murder Charged in Sale Of Infected Blood
Date: Published: 6/30/87 84 lines
Source:  WALL STREET JOURNAL. Copyright Dow Jones & Co. Inc. 

   Attempted Murder
   Charged in Sale
   Of Infected Blood
    ---
    By Nancy Jeffrey
    Staff Reporter of The Wall Street Journal

   LOS ANGELES -- The Los Angeles County district attorney's
office filed attempted murder charges against a man who
allegedly sold his AIDS-infected blood, raising questions
about how to prosecute victims of the disease who knowingly
transmit the virus.
   Authorities here said they believe the case is the
nation's first involving the sale of blood contaminated with
AIDS. California hasn't any laws directly pertaining to such
a crime, said District Attorney Ira Reiner, but he called the
attempted murder charge "appropriate."
   "I frankly see no moral distinction between this and the
person who puts poison in Tylenol," Mr. Reiner said.
   Joseph Edward Markowski, described by authorities as a
29-year-old prostitute, was charged with four counts of
attempted murder and six lesser counts.  Mr. Markowski, who
pleaded not guilty at his arraignment late yesterday, faces a
maximum prison term of nine years.
   Both Mr. Reiner and officials of Plasma Production
Associates, where Mr. Markowski allegedly sold his blood,
said all but a test sample of the blood was destroyed by
Plasma Production.  A small "biological manufacturer" that
produces source plasma for uses including hospital
transfusions and pharmaceuticals, Plasma Production pays
donors $8 for two-thirds of a liter of blood.
   The prosecutor said other possible sales from the suspect
were being investigated; Mr. Markowski originally claimed,
then denied, that he had sold blood at other facilities, the
prosecutor said.
   Mr. Markowski, whom Mr. Reiner said had suffered from
acquired immune deficiency syndrome for at least several
months, allegedly sold plasma to Plasma Production on June
22, and was arrested last Thursday, when he tried again to
sell plasma at the facility.
   Mr. Reiner noted there have been a number of civil and
criminal cases involving AIDS sufferers accused of
transmitting the disease through sexual acts, or by biting or
spitting on a victim.
   A federal jury in Minneapolis recently convicted a prison
inmate of assault with a deadly weapon for biting two guards,
intending to give them AIDS. 
   Although medical experts say the proven instances of
AIDS-infected blood escaping detection, and being
communicated through transfusion, are extremely rare, the
problem has received considerable publicity lately.
   County officials said legally, it might be difficult to
establish intent in a case involving transmission through a
blood donation -- a condition required for a charge of
attempted murder.  But Mr. Reiner quoted Mr. Markowski saying
to police:  "I know that AIDS can kill.  But I was so hard up
for money that I didn't give a damn."
   Ben Schatz, director of a division of National Gay Rights
Advocates that deals with civil rights for AIDS victims,
called the county's action "scapegoating."
   "The person did not have the attempt to kill.  That's
clear.  What he did was reprehensible, but it was not
attempted murder," Mr. Schatz said.
   The key to preventing donation-related transmission of
AIDS is through effective screening of the nation's blood
supply, he said.
   However, Jean O'Leary, executive director of the same San
Francisco-based legal defense group, expressed qualified
 support for the prosecution.  If an AIDS victim "with full
knowledge of his condition sold blood for profit, there
should be steps taken to prosecute him under the legal
provisions," Ms. O'Leary said, adding that such factors as
Mr. Markowski's mental health should also be taken into
consideration.

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