John Chiv: Allegations of unprotected sex, no clear proof that of claims that alleged victim intentionally transmitted HIV to Messina were discussed before Judge Steward made a ruling whether jurors would hear about John Doe's HIV status

Jun 5, 2025

Allegations of unprotected sex, no clear proof that of claims that alleged victim intentionally transmitted HIV to Messina were discussed before Judge Steward made a ruling whether jurors would hear about John Doe's HIV status

The jury in attempted murder, mayhem and torture suspect Luigi Messina had a break for two days. There are no court minutes for 6/3 which may have been a "dark day" for the trial. Judge Steven Steward had deferred a ruling on the People's motion to exclude any reference to John Doe's HIV status. Yesterday, he heard arguments in a 402 hearing before issuing his ruling. After that Judge Steward, Deputy District Attorney Carolyn Schaffer and Ms. Andrea Sullivan finalized jury instructions.

I was in court yesterday. No one else was there except Messina's father. Both attorneys presented excellent arguments. Judge Steward put detailed remarks on record about his ruling on why John Doe's HIV status is inadmissible.

Before anyone clutches their pearls or any PC warrior gets in a huff, read the details. The judge in this trial and both attorneys presented their legal arguments factually with sensitivity. The homophobes and transphobes will be disappointed with the the sensitivity and respect Humboldt Superior Court has handled this case and can try and use Messina to perpetuate their hate and agenda. The LGBTQ community should be grateful and get to know our local judges and attorneys. The case needs to be decided solely on evidence and the credibility of John Doe and Messina.

At the 402 hearing, Deputy District Attorney Carolyn Schaffer said Messina had "unprotected sex with John Doe, an individual he met that night. The claim that John Doe is the oppressor is solely coming from the defense. I don't see how John Doe being homosexual has to do with crimes of moral turpitude."

Ms. Andrea Sulivan said, "Just eight years ago, it was a crime to expose someone to HIV without revealing HIV status which is now a misdemeanor. There is corroborating evidence."

In 2017, California law was changed and exposing someone to HIV without revealing status which used to be a felony was changed to a misdemeanor. Ms. Sullivan is also correct about the crime being a sentence of 8 years before the law was changed. Ms. Sullivan referred to Messina walking into the gas station trying to get help about being allegedly raped by John Doe.

Judge Steward said that in evaluating Messina's request to cross examine "confidential victim" John Doe regarding HIV status, "it is clear that there is no offer of proof that the victim had threatened to transmit HIV. The victim didn't have knowledge of HIV status. It maybe relevant. It could be presented in closing arguments to the jury. Clearly, there is no factual basis that the victim's status played a rule in Mr. Messina's use of force. There is no evidence of intentional transmission by John Doe. The Court is also concerned about the high risk of stigma associated with HIV status. It creates unfair prejudice and privacy issues. John Doe's HIV status is excluded and is inadmissible."

Testimony resumed today with a DA Administrative Services Officer assisting John Doe with support.