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To get started, firstLogin with Facebook YOUR FRIENDS' ACTIVITY prev next HIV-positive saliva not a "deadly weapon": NY courtDavid Plunkett was sentenced in 2007 to 10 years in prison for aggravated assault, a felony that requires the use of a "dangerous instrument."
Plunkett argued unsuccessfully the charge could not be sustained because HIV cannot be transmitted through saliva. The Court of Appeals, New York's top court, will hear Plunkett's case on Thursday.
Lambda Legal, a national group that advocates for gays and lesbians and people with HIV, argued in a court brief filed this week that upholding Plunkett's conviction would further stigmatize people living with HIV and AIDS.
"Clearly, the trial court here erroneously believed that HIV could be transmitted by saliva," the Lambda Legal brief reads.
In 2006, the staff at a medical clinic in Ilion, about 70 miles east of Syracuse, called police to complain that Plunkett was causing a disturbance. Police said he punched and bit one of the responding officers, according to court documents.
Herkimer County Court Judge Patrick Kirk in 2007 denied Plunkett's motion to dismiss the aggravated assault charge, ruling that while Plunkett's teeth could not be considered a dangerous instrument, his saliva could.
Plunkett pleaded guilty and was given a 10-year prison sentence. In 2010, an appeals court found that by pleading guilty, Plunkett had forfeited his right to challenge any trial court error.
Plunkett and Lambda Legal argue that under New York law, only substances that are "readily capable of causing death or other serious physical injury" can be considered dangerous instruments.
A number of studies have found saliva does not contain sufficient concentrations of HIV to transmit the virus to other people. According to the Centers for Disease Control and Prevention, "contact with saliva alone has never been shown to result in transmission of HIV."
Plunkett's attorney, Audrey Baron Dunning, argued in an appellate brief that upholding Plunkett's conviction could "open the door for enhanced prosecution of persons with many forms of illness, contagious disease or condition."
The Herkimer County District Attorney's office did not return a call seeking comment.
(Editing by Todd Eastham)
The findings are the first to demonstrate a significant metabolic role for salivary amylase in starch digestion, suggesting that this oral enzyme may contribute significantly to overall metabolic status. Other implications relate to calculating the glycemic index of starch-rich foods and ultimately the risk of developing diabetes.
"Two individuals may have very different glycemic responses to the same starchy food, depending on their amylase levels," said lead author Abigail Mandel, Ph.D., a nutritional scientist at Monell. "Individuals with high amylase levels are better adapted to eat starches, as they rapidly digest the starch while maintaining balanced blood glucose levels. The opposite is true for those with low amylase levels. As such, people may want to take their amylase levels into account if they are paying attention to the glycemic index of the foods they are eating."
Starch from wheat, potatoes, corn, rice, and other grains is a major component of the United States diet, comprising up to 60 percent of our calories. Amylase enzymes secreted in saliva help break down starches into simpler sugar molecules that can be absorbed into the bloodstream. In this way, amylase activity influences blood glucose levels, which need to be maintained within an optimal range for good health.
A previous study had demonstrated that individuals with high salivary amylase activity are able to break down oral starch very rapidly. This finding led the researchers to ask how this 'pre-digestion' contributes to overall starch digestion and glucose metabolism.
In the current study, published online in The Journal of Nutrition, amylase activity was measured in saliva samples obtained from 48 healthy adults. Based on extremes of salivary amylase activity, two groups of seven were formed: high amylase (HA) and low amylase(LA).
Each subject drank a simplified corn starch solution and blood samples were obtained over a two hour period afterwards. The samples were analyzed to determine blood glucose levels and insulin concentrations.
After ingesting the starch, individuals in the HA group had lower blood glucose levels relative to those in the LA group. This appears to be related to an early release of insulin by the HA individuals.
"Not all people are the same in their ability to handle starch," said senior author Paul Breslin, Ph.D., a sensory geneticist at Monell. "People with higher levels of salivary amylase are able to maintain more stable blood glucose levels when consuming starch. This might ultimately lessen their risk for insulin resistance and non-insulin dependent diabetes."
Additional studies will confirm the current findings using more complex starchy foods, such as bread and pasta. Another focus will involve identifying the neuroendocrine mechanisms that connect starch breakdown in the mouth with insulin release.
Funding was provided by the National Institute on Deafness and Other Communication Disorders and the National Institute on Diabetes, Digestive, and Kidney Diseases. Breslin also holds an appointment as Professor in the Department of Nutritional Sciences at Rutgers University.
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