Attorney: HIV test request violated client’s privacy

Dirk Perrefort
February 16, 2018

DANBURY — An attorney representing Bruce Bemer — a Glastonbury businessman facing human trafficking charges — argued Friday that the state broke the law when it named his client in its request for an HIAV test.

Anthony Spinella, who represents Bemer, said prosecutors should have used a pseudonym in court documents to protect his client’s identity.

He then argued his motions to have the case dismissed or transferred to the Litchfield Judical District should be sealed because of the procedural misstep, which prosecutors denied.

“Our intention in attempting to have these motions sealed is right here — the rules and the law,” Spinella said in court, holding up a book of state statutes. “If I don’t seek to seal these motions, then I’m allowing the state to violate the law.”

Bemer, along with Danbury resident Robert King and Westport resident William Trefzger, was arrested last year and charged with participating in a local sex ring. Authorities allege that King would target young men with disabilities, ply them with drugs and sell them to men like Bemer and Trefzger after the youth racked up heavy drug debts.

“The state disagrees with the claim that there was some legal violation in the way the state filed its motion,” Assistant State’s Attorney Sharmese Hodge argued in court Friday.

Hodge added that she’s never before seen an attempt by a defense attorney to seal such standard documents.

“What information would you like sealed, the whole document, the defendant’s age, name or health information?” Superior Court Judge Dan Shaban asked Bemer’s attorney.

“At the least his name should be taken out,” Spinella said.

Shaban questioned the need for a pseudonym, noting that Bemer’s name has already been made public and appears on the court’s docket.

Joel Faxon, a civil attorney who represents several purported victims of the sex trafficking ring, said his clients object to any secrecy.

“This is a broad-ranging depraved conspiracy that in Bemer’s own words has operated for decades,” Faxon said, noting admissions Bemer made to police shortly after his arrest. “The victims need to know if the perpetrators of these crimes are infected with HIV or venereal diseases.”

Spinella had a different take on why the victims wanted information on Bemer’s health.

“We all know why they want to know — they want more money,” he said. “I don’t know how testing now would help something that happened more than two years ago.”

Bemer had already agreed to set aside $25 million of his assets for any potential civil judgments against him.

”If you’re not guilty then what are you trying to hide,” yelled out one of Bemer’s purported victims as the defendant entered the courtroom. ”Just take the test.”

Shaban has up to three months to make a decision. Bemer’s case is scheduled to go to trial on June 5. He rejected a plea deal last month that called for probation.

Shortly after rejecting the offer, Spinella said his client elected a trial by jury because he wants to avoid a felony conviction.