FRISCO (CBSDFW.COM) – The appeals process is still alive for a Collin County man who knowingly infected six women with the HIV virus.
In 2009, Philippe Padieu of Frisco was convicted of six counts of sexual assault with a deadly weapon and sentenced to 45 years in prison. Doctors during his trial testified that Padieu knew he had the virus but continued to have unprotected sex with his victims without telling them.
Padieu lost an appeal in 2011, claiming that he was denied effective assistance of counsel at trial. But instead of slamming the door shut on Wednesday, the Texas Court of Criminal Appeals said he's entitled to a hearing over whether he can get court records and transcripts, which keeps the case alive.
One of the victims, who testified under the pseudonym Susan Brown, is not happy about today's ruling.
"Many people will say that no one under any circumstances should be sent to jail for willingly passing on HIV to their partners, and I take issue with that," said Brown.
But Brown considers herself one of the lucky ones. Because she was tested and began preventative treatment early in the process, she is relatively healthy considering the possible outcomes.
"Some of the other victims, by the time they found out, already had AIDS and they are in big trouble," noted Brown.
The conviction was the first time such a law was used in Texas and the third time nationally that DNA was used to trace the virus to a defendant.