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Testimony in court-martial of HIV-positive sergeant concludes for the day

  • Published Tuesday, Jan. 18, 2011, at 12 a.m.
  • Updated Tuesday, Jan. 18, 2011, at 5:30 p.m.

WICHITA — The court-martial of an HIV-positive sergeant at McConnell Air Force Base has ended for the day.

The case against Tech. Sgt. David Gutierrez will continue Wednesday with testimony from Donna Sweet, a Wichita physician who specializes in HIV and AIDS care.

Two more women testified late this afternoon — one who said she did not have any sexual contact with Gutierrez and a woman who said she met Gutierrez and his wife with her husband.

They met initially on an adult website and later agreed to meet for drinks at a bar on the outskirts of Wichita, the woman testified. After having drinks, they went to a hotel where they swapped spouses. The woman said Gutierrez had trouble performing intercourse, so the two couples just sat and talked.

"We left on nice terms. They were nice people," she said.

Gutierrez faces 10 counts of aggravated assault, one count of violating an order, one count of indecent acts and nine counts of adultery. He had faced an 11th count of aggravated assault earlier, but that count was dropped, as was one count of obstruction of justice.

Military officials expect the case to end Wednesday.

A series of witnesses, mostly women, testified throughout the day.

Three women who testified in the afternoon said they were involved in the swinger lifestyle and said they had tested negative for HIV after having contact with Gutierrez.

One of the women laughed loudly when asked whether Gutierrez's wife objected to her husband having sex with other women.

She said Gutierrez's wife had told her she had been involved in the lifestyle before marrying Gutierrez.

Another woman at first did not seem to recognize Gutierrez in the courtroom but later identified him.

The ex-husband of a woman who testified earlier took the stand later this afternoon, and denied he had any sexual contact with Gutierrez.

Prosecutors noted that the man had told investigators at one point that he "may have" had oral sex with Gutierrez. The man said he only said so because investigators had told him there might be a photograph of such activity.

The man said he asked several times to see a photo of him with Gutierrez.

He said that if he had had sex with Gutierrez, he would have had a picture of it on his computer.

The man also said, "I don't forget sex," adding that there have been times he has been "inebriated beyond reasoning" and still remembered what he did the night before.

Like an earlier witness, the man laughed loudly when asked whether Gutierrez's wife ever objected to her husband having sex with others.

"Are you seriously asking me that?" the man answered.

He said Gutierrez's wife encouraged others to have sex with Gutierrez.

When the hearing began this morning, the judge refused to dismiss the aggravated assault charges against Gutierrez.

After the decision by Lt. Col. William Muldoon of Offutt Air Force Base in Nebraska this morning, three women testified about having sex with Gutierrez. Each said they wouldn't have had sex with him if they had known he was HIV-positive.

"The accused had everybody fooled," one of the prosecutors, Capt. Sam Kidd, said.

The first woman who testified shook when she raised her hand to take an oath to tell the truth. She cried quietly through her testimony.

She said Gutierrez and his wife had contacted her and her husband in early spring 2009. They got together for dinner at an Applebee's restaurant to see whether they would be compatible.

The two couples had sex on New Year's Eve in 2009. The woman testified she had sex with Gutierrez, and her husband had sex with Gutierrez's wife.

The woman said her husband "asked point blank if there was anything to be concerned about in that regard," referring to sexually transmitted diseases.

Gutierrez used a condom, she said.

She said she had tested negative for HIV.

A second woman, who said she lives in Topeka, said she met Gutierrez through a friend in 2009. She said they had sex without a condom at a toga party at a La Quinta hotel in Wichita.

She said she had sex again at Gutierrez's home a week after the party and again during a camping trip at El Dorado Lake.

Later, a mutual friend contacted her through Facebook and told her she needed to be tested for HIV. She said she asked Gutierrez about whether he was HIV-positive, and he told her it was his brother who was HIV-positive, not him.

The woman said she never would have had sex with him if she had known, having watched a brother die of AIDS.

The woman said she tested negative three times for HIV.

A third woman who said she now lives in Oklahoma said she met Gutierrez in May 2009 at a party in Goddard. She said she performed oral sex on Gutierrez then and later at his house.

She said she later had intercourse with him at a hotel.

She said she believed he was free of any sexually transmitted diseases.

"I had no reason to doubt of him," she said. "Naive of me, but . . . "

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