HIV-positive man sentenced to 15 years in prison for not telling his lover

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RACINE - Jason Burnett was sentenced to 15 years in prison Monday for not notifying his lover that he was HIV-positive.

A jury found Burnett, 32, guilty of six counts of first-degree recklessly endangering safety for having unprotected sex when he knew he was HIV-positive. This is the second time Burnett has been convicted of this type of charge.

The first time was in 2003, when he pleaded guilty to one of the 10 counts against him and was sentenced to 2 1/2 years in prison and 7 1/2 years extended supervision. One condition of his release was that he not have any sexual relationships without letting his partner know his HIV status.

The women involved in the 2003 case and the 2006 case have tested negative for HIV, according to the state.

Judge Emily Mueller followed the state's recommendation of 2 1/2 years of prison and 2 1/2 years extended supervision on each count, for a total sentence of 15 years in prison and 15 on extended supervision.

The state asked that time run consecutive to the seven years Burnett is currently serving, for revocation of his supervision.

"This seems to be a very long time for a situation where nobody died," said Assistant District Attorney Robert Repischak. "I think we have to look at the full picture. The extended time is warranted because of the nature of the offense, the nature of Mr. Burnett and to protect the public."

Repischak said Burnett acted with "callous disregard" for his victims' health when he engaged in sexual relationshipS with them.

"It seems, to the state, that if Mr. Burnett knows he is HIV-positive, he should at least share that information with his partners," Repischak said. "To withhold it is selfish, manipulative and cold."

Defense attorney Margaret Johnson said that Burnett believed there was no risk to spread the virus as long as he used protection because his viral load was limited and almost undetectable.

"He admits that not disclosing was wrong and greatly regrets the situation," Johnson said. "Mr. Burnett, however, never thought that he would be hurting her by his actions."

Repischak said his behavior was still risky.

"Mr. Burnett was playing the odds, the statistical odds," Repischak said. "The victim, he was playing with her life."

Burnett said he educated himself about the virus and he thought he could live a normal life if he wore protection because of his loads.

"I wish this on nobody," Burnett said. "It's been 10 years and I don't want nobody to go through the mental stress, the mental stuff that I do."

Burnett's mother, Diane Steiner, addressed the court, saying that her son was looking at spending the rest of his life in prison.

"I ask you as a mother to be a little lenient with his sentence, because his life is going to be a little bit short," Steiner said.

Mueller said, in her sentencing, that Burnett's actions were an "arrogant" violation of his extended supervision.

"You yourself were a victim of someone not telling you that they were HIV-positive," Mueller said. "That's exactly the danger that you put this victim in."

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