Transgender infected with HIV and her lover upset with guard, prosecutor says.
By Terrie Morgan-Besecker
Wilkes Barre Times-Leader
Inmate’s HIV results ordered in Pa. ‘spitting’ case
WILKES-BARRE, Pa. – A Luzerne County jury deliberated for 5 hours Friday before finding an HIV-infected inmate and a second prisoner guilty of spitting on a state prison guard.
Shawn Shannon Quinnones, 34, was found guilty of assault by a prisoner, aggravated harassment by a prisoner and recklessly endangering another person. Anthony Gray, 27, was found guilty of aggravated harassment by a prisoner.
Quinnones, a transgender who is infected with HIV, and Gray were accused of spitting on correctional officer Ralph Laiuvara at the State Correctional Institution at Dallas in October 2006. Prosecutors allege the pair, who said they are lovers, were upset that Laiuvara would not put them in cells that were next to each other.
The verdict followed five days of often animated testimony punctuated by frequent outbursts and arguments between the judge, prosecutor and Quinnones and Gray, who represented themselves with the assistance of stand-by counsel.
In her closing statement, Quinnones said she understood jurors were likely frustrated by the length of the trial and frequent conflict in the courtroom. She asked that they put those feelings aside and decide the case on the facts.
“That does not make us guilty. Evidence makes us guilty. Proof makes us guilty. There is no proof,” Quinnones said.
Quinnones and Gray alleged Laiuvara lied as part of a conspiracy to persecute them because they are homosexual. She called upon jurors to set aside any bias they might have because she and Gray are inmates.
“People in jail are in jail for a reason. That does not mean everyone in jail is going to do things that are wrong for their entire incarceration,” Quinnones said.
Assistant District Attorney Ed Olexa painted the defendants as vindictive inmates who lashed out at a guard when they didn’t get their own way.
“They told you you were going to see a persecution of them. I’m telling you you saw a prosecution,” Olexa said in his closing statement. “They wanted to run the prison the way they wanted . . . I think you’ve seen how they behave when they don’t get their own way.”
Judge Chester Muroski credited jurors with giving much thought to the case. The panel came back with questions three times, at one point indicating it was deadlocked on one of the charges, before reaching a unanimous decision.
Speaking at the trial, Olexa said he believes jurors saw through the defense strategy, which he said sought to place the blame on the correctional officers and District Attorney’s office.
“Everything for these particular defendants was a self-pity story. The key was keeping that in perspective and to remind the jury who the true victims were, which were the correctional officers,” Olexa said.
Quinnones and Gray vowed to appeal the conviction.
“They lied. They got away with lies,” Quinnones said as she and Gray were led from the courtroom. “All this does is encourage them to continue doing what they do up there.”
It was not immediately clear Friday how much additional time Quinnones and Gray will face for the Luzerne County case.
Quinnones is already serving 11 � to 23 years for a 1997 robbery conviction in Montgomery County. Gray is serving 21 to 46 years for a 1997 conviction for third degree murder in Allegheny County.
Quinnones and Gray were returned to the Luzerne County Correctional Facility pending sentencing, which is scheduled for Dec. 16.
Copyright 2008 Wilkes Barre Times-Leader