South Dakota: Judge Taken Off HIV Case

Circuit Judge Jon Erickson of Huron, S.D., will not oversee the trial of Nikko J. Briteramos, who is accused of having sex after knowing he had HIV. An order signed by Circuit Judge Rodney J. Steele of Brookings, presiding judge in the 3rd Judicial Circuit, has removed Erickson from the case and appointed Circuit Judge Tim Dallas Tucker of Madison to handle the trial, which is scheduled to begin July 24.

Briteramos requested a new judge last week, saying he didn't think he could get a fair trial if Erickson presided. The request stated no reason for that assumption. Gary D. Blue of Huron, Briteramos' local attorney, simply asked that Erickson step aside. State law lets defendants ask for removal of judges without giving a reason, but the tactic cannot be used to delay trial.

Erickson refused to disqualify himself, leaving the decision to Steele, whose order merely stated that Erickson has been disqualified and was replaced by Tucker. Although no reason was given for the request for a new judge, Erickson might have fostered some ill will by refusing to release Briteramos unless he posted $10,000 cash and by refusing to let him live with his godmother in Evanston, Ill. At one point in the bond proceedings, Erickson wrote that the charges against Briteramos appeared solid. "Based on the limited evidence before the court and not knowing the specifics of any possible defense to be offered, the prosecution's case seems relatively sound," Erickson wrote.

Briteramos, 18, is a SiTanka-Huron University freshman basketball player from Chicago who learned he was HIV-positive while donating blood. If found guilty on all three felony counts, he could be put in prison for up to 45 years. Arrested April 23, he was released from jail May 2 on a $10,000 cash bond and cannot leave South Dakota without Tucker's permission. He also must not have sex with anyone and cannot contact the woman he had sex with.

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