According to prosecutors, Brian Stewart never wanted his 7-year-old son. When Stewart's girlfriend, Jennifer, became pregnant only months after they started dating and gave birth, he denied paternity. But despite never marrying Jennifer, Stewart initially appeared supportive of his new son.
On February 6, 1992, Stewart visited his then 11-month-old child (referred to as "BSJ" in court documents) at St. Joseph's Medical Center-West, where he was being treated for respiratory problems. Jennifer was also present, but left Stewart and her son alone for approximately 20 minutes. Jennifer claimed that when she returned the hospital room's door was mysteriously closed, and BSJ was screaming and crying in Stewart's arms.
Stewart claimed he did not know what was wrong with the baby. BSJ was scheduled to be released from the hospital that day, but after the incident his condition suddenly worsened. The child was transported to another area of the hospital and eventually released.
Several months later, Stewart and Jennifer separated and began arguing over child support payments. Allegedly, Stewart denied paternity and told Jennifer that she should not try to get child support payments from him because BSJ would not live past five years old anyway. Jennifer was confused by Stewart's alleged statement, but did not give it too much thought until years later.
Over the next four years, BSJ suffered from several illnesses that puzzled doctors. He underwent several tests until he was tested for AIDS on May 17, 1996. Eight days later, at only age five, BSJ was diagnosed with advanced stages of AIDS.
During the next two years, investigators from the St. Charles County Sheriff's Department and the Missouri Department of Health and treating physicians tried to determine how BSJ became infected. They determined there was no evidence that the child had been sexually abused, and he had never had a blood transfusion.
The prosecution says its investigation revealed that the child has not been exposed to anyone who was HIV-positive. Reportedly, at least 26 people who had contact with BSJ were tested for HIV, and all tests came back negative.
However, when questioned, Jennifer recalled Stewart's alleged cryptic statement and remembered seeing Stewart with syringes and blood products at his home. Stewart had access to syringes because he worked as a phlebotomist -- one who draws blood for testing -- at a local hospital. She also remembered seeing Stewart carrying a lab coat into BSJ's hospital room during the February 1992 visit.
Authorities arrested Stewart on April 22, 1998. The defendant claims others, including BSJ's aunt and her boyfriend (who were both drug abusers who lived with him at one time) had contact with BSJ and could have infected him. Another man who lived with Jennifer and BSJ for a time was a convicted child sex offender, Larry Lee Roper.
Roper is currently serving a 10-year sentence in Jefferson City, Mo after pleading guilty in 1995 to sodomy. At the time of that conviction, Roper was already on probation after he pleaded guilty to sodomizing children in Steeleville, Mo. The defense that Roper also has admitted to using heroin, cocaine, amphetamines, valium, and marijuana.
While Stewart's defense suggests BSJ could have been infected through sexual abuse and exposure to several drug addicts' needle, the state says there is no evidence supporting those allegations. In addition, BSJ's aunt and her boyfriend and at least two dozen others who had prior contact with the child have tested negative for the AIDS virus.
BSJ reportedly attends school regularly but needs several doses of medication every day. He has learned to live with his illness. However, his father may have to learn to live with incarceration for the rest of his life. Charged with first-degree assault, Brian Stewart could face up to 10 - 30 years or life in prison if convicted.
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