Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, May 17, 1990 TAG: 9005170627
SECTION: VIRGINIA PAGE: B-10 EDITION: EVENING
SOURCE: Associated Press
DATELINE: RICHMOND LENGTH: Medium
The testing, requested by Commonwealth's Attorney Joseph Morrissey, also would help determine whether the rapist infected his 21-year-old victim when he attacked her last fall.
By agreeing to the test during a court hearing Wednesday, Keith E. Hewett, 31, of Henrico County, averted a possible legal battle over whether Morrissey had any grounds to force him to submit a blood sample.
The 1990 General Assembly passed a bill permitting testing of convicted prostitutes and sex offenders for the fatal acquired immune deficiency syndrome, but the law doesn't go into effect until July 1.
In September, a Richmond Circuit Court jury convicted Hewett of raping and beating the woman, a Virginia Commonwealth University student, after she fell asleep in her boyfriend's apartment.
The attack occured April 29 shortly after 3 a.m.; it was interrupted when her boyfriend returned home. Hewett fled but the boyfriend caught and held him until police arrived.
Hewett was sentenced to five years in prison.
Hewett has served 13 months of the sentence, according to his attorney, Robert Rice. Under state parole guidelines, Hewett should be considered for release within the next few months.
Morrissey, citing the victim's rights, filed a motion in March to have samples of Hewett's blood taken for AIDS testing.
Rice told Circuit Judge Robert W. Duling during Wednesday's hearing that Morrissey had no legal right to make the request.
Duling took the case under advisement for about three hours so he could research the law. When the hearing reconvened, Rice told the judge Hewett had changed his mind and had agreed to give a blood sample.
Rice said he didn't ask Hewett why he changed his mind and declined to speculate about his client's decision.
Since the attack, the young woman has moved out of state and continues to undergo psychiatric counseling, but she has been slow to recover, Morrissey said.
Her progress has been hampered even more by worrying about whether Hewett was infected with the AIDS virus when he attacked her.
Although her tests have been negative, not knowing if Hewett is a carrier "has caused her a great deal of anxiety," Morrissey said. Hewett should be tested "so the victim can be certain one way or the other."
by CNB