WINDSOR, Ont. - A man convicted of knowingly spreading the virus that causes AIDS was in "extreme denial'' of his HIV status until his trial began, a psychiatrist testified Wednesday at Carl Leone's dangerous offender hearing.
Crown prosecutors immediately took exception with Dr. Paul Fedoroff's denial argument, calling Leone's guilty plea an admission of the "dishonesty and deceit'' that was at the root of his failure to tell his 15 victims he was HIV-positive.
Still, the psychiatrist said based on his two meetings with Leone last month he found "evidence of extreme denial of the seriousness of the disease he had been diagnosed with.''
"Mr. Leone's problem is not an overly high sex drive,'' said Fedoroff, who was called as a defence witness.
"His problem is one of not being aware of the nature of his (condition) and engaging in unsafe sexual activity.''
Leone, who helped run his wealthy parents' music store, was told in 1997 by Windsor Essex County Health Unit workers that he was HIV-positive -- seven years before his arrest on June 6, 2004.
"Mr. Leone himself came to the conclusion that the test must have been a so-called false positive,'' Fedoroff testified.
"He tells me that he has changed his opinion, the he now believes he is HIV-positive and requires treatment.''
That epiphany apparently came at Leone's trial, which ended abruptly last April after several weeks of testimony when he pleaded guilty.
The guilty plea, the Crown argued Wednesday, was a clear admission that Leone had knowingly spread the HIV virus.
"What lies at the foundation of all this was the fact that there was dishonesty, there was deceit,'' said prosecutor Frank Schwalm.
"Simply put, he defrauded them of the ability to consent, in an informed way, to have sexual relations with him.''
Fedoroff said the denial argument is bolstered by Leone's low scores on a psychopathy test, which would suggest he was not purposely out to harm others.
The Crown is seeking to have Leone declared a dangerous offender.
Such a designation would see Leone jailed indefinitely, with his detention subject to review after seven years and then every two years after that.
The judge can also opt to sentence Leone as a long-term offender, which would see him placed under community supervision for up to 10 years after his release from prison, or hand him a straight prison sentence.
Closing arguments were expected Thursday with the hearing concluding on Friday.
