Ervans Saintclair's attorneys gave an interesting defense Wednesday, that the prosecution could not prove Saintclair knew he had HIV.
The state prosecutor did not mince words to the six-member jury, three of whom are women. She plainly said Saintclair knew he had HIV in 2007 and provided medical records to show a history of medical visits to start treatment. One of his doctor's served as a witness.
The prosecutor also played a phone call recorded by the Palm Beach County Sheriff's Office where Saintclair denies having HIV while talking to the alleged victim in the case, who claims she had a sexual relationship with Saintclair on and off between 2010 and 2013.
The witness said in the call, "If you had it, would you tell me you had it?"
Saintclair can be heard saying, "absolutely."
The witness said, "Because you know we just had sex in March right?"
Saintclair confirms the sexual activity and then goes on to admit that he was checked recently.
Saintclair's defense team argued there is no evidence he knew he had HIV and that the doctor presented at a witness did not prove Saintclair's knowledge of the diagnosis.
The alleged victim in the case testified in court that she and the child she had with another man in 2012 do not have HIV.
Attorneys agreed to leave out that Saintclair was a police officer at the time of the alleged crime. The state has said it has four other victims and expects to have other trials.
Jurors asked two questions during deliberations. First, they wanted a transcript of the recorded PBSO call between Saintclair and the alleged victim, but the judge told them there is no transcript. And second, they wanted that call replayed, which they heard before going home for the day.
The six jurors made of up of three men and three women will continue to deliberate Thursday morning.