Aaron Dahlberg, 24, of Inver Grove Heights, Minn., who is charged with criminal transmission of HIV, contends the form of sexual contact he had with an Iowa City man is not likely to pass the virus. Dahlberg is accused of not revealing he was HIV- positive to a man with whom he had unprotected sex between March 31 and April 1, 2000. Dahlberg appeared in Johnson County District Court on Tuesday for a hearing to suppress evidence and argue points of law. Leon Spies, Dahlberg's attorney, is asking the court to decide whether the state must prove that the "possibility" of transmission of HIV constitute a "significant, documented, or merely theoretical risk of transmission." Judge Larry Conmey took the matter under advisement but said the question would be better raised at trial, which is set for Oct. 21.

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