Judge trashes bioterrorism charge in bite case

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A Michigan judge has thrown out a felony charge under Michigan’s bioterrorism law against an HIV-positive Detroit-area man accused of biting his neighbor on the lip.

Judge Peter Maceroni issued the decision in early June in Macomb County Circuit Court in Mount Clemens, Mich. It came at a hearing for 44-year-old Daniel Allen of Clinton Township.

Police say Allen bit Winfred Fernandis in October 2009 during an argument over a football that was thrown into Allen’s yard. Prosecutors say Allen used HIV as a weapon.

Maceroni dismissed the bioterrorism charge, leaving Allen to face two felony assault charges. His next hearing is June 24.