Defense calls no witnesses HIV killing case

HIV status of victim unclear

Published On: Jun 07 2012 06:24:01 PM EDT   Updated On: Jun 07 2012 11:26:11 PM EDT

The defense for a man accused of killing his ex-girlfriend because she gave him HIV rested without calling a single witness.

Anton Josey's attorney, Edward Salantrie, called for an acquittal, saying there was not enough evidence to find Josey guilty of first-degree murder or armed kidnapping.

Josey, 36, of Pompano Beach, is on trial, accused of killing his ex-girlfriend, Dominique Duval, 23, in August 2009. Police said he told them he shot her because she was HIV-positive and gave it to him.

On Thursday, Interim Broward Medical Examiner Darin Trelka said they are not sure of Duval's HIV status.

Prosecutor Tom Coleman questioned him on the stand.

"You have zero evidence that she was HIV-positive?" Coleman asked.

"By this testing, yes. The only other info that we had that might suggest she had HIV was the medical record," Trelka said.

Trelka said that medical record was not an actual test result.

Tests done after Duval's death are inconclusive because Duval received several blood transfusions as medical personnel tried to save her life.

The defense hopes missteps by police will result in acquittal. Fort Lauderdale police Detective Jack DiChrisfalo explained how a mug shot of a man named Antwon Joseph was circulated at the scene after Duval was kidnapped, instead of a picture of Josey.

Also, even though a weapon was discovered in Josey's car, the bullet that killed Duval was never found.

Coleman said the facts that are clear are enough to prove the case.

"She didn't leave voluntarily," Coleman said. "That's kidnapping."