Court overturns HIV-infected prostitute's conviction

The court ruled 3-2 in favor of Deon Kay Cagle, 30, of Sparks, who was accused of soliciting sex from an undercover Reno police officer in March 1997.

But she still faces trial Oct. 26 in Washoe District Court on another prostitution charge stemming from her arrest only nine hours after being convicted in January.

After her conviction, Judge Brent Adams permitted Cagle to remain out of jail so she could continue treatment for the virus that causes AIDS.

But she was arrested on East Fourth Street in Reno that same night for prostitution.

Adams sentenced her to the maximum four to 10 years in prison, saying he wanted to protect the community as long as possible.

But Cagle's lawyers appealed the conviction.

"We're elated" with the Supreme Court ruling, said Joe Merkin of the Washoe County Public Defender's Office. "It was a weak case for the state to begin with."

Deputy District Attorney Mary Petty acknowledged the evidence was circumstantial but thought the case was solid enough to uphold the conviction.

Cagle also was arrested in October 1996 for prostitution while HIV positive. But prosecutors later dropped the charge.

Justices Cliff Young and Bill Maupin dissented in the Supreme Court's ruling.

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