By Fred Gough ~ Hutch Post

A 46-year-old Hutchinson man who is knowingly HIV positive and found not guilty in 2009 by a Reno County jury for engaging in sexual activity with an 18-year-old Hutchinson man is in trouble again.

Harlin Bailey, Jr. was jailed on a $5,000 bond for failing to register as a sex offender.

He had been released from prison back in October of 2006 for a conviction for criminal Sodomy out of Stafford County, but failed to register with the Reno County Sheriff as required by law and was convicted. He was given community corrections, but could face a probation violation because of the new violation.

This time, he claims he was in custody, but jail officials say he was released prior to when he needed to register, so then he told the deputy that he was sick and must have forgotten. Magistrate Judge Randy McEwen changed his $5,000 bond from a surety to signature bond, so Bailey will be free pending future hearings.

Bailey was acquitted in February of 2009 for a charge relating to allegedly exposing an 18-year-old mentally challenged man to a life-threatening communicable disease. The alleged sexual encounters with the his neighbor between January and April of 2007. The victim alleges the encounters happened on three occasions including once at Bailey’s home, and twice at his home. But, the jury found there was no intent of Bailey’s part to infect the young man with the HIV virus.

Bailey’s new case will now be placed on a waiver-status docket later this month.