Your honor,

We have not come to New York to violate your laws, but to place before the conscience of the citizens of New York and their leaders of a terrible problem.

In many countries of the World, and New York in particular, the sharing of syringes is now the main cause of HIV transmission. Via sexual intercourse, the virus spreads from injection drug users to their lovers, husbands, wives and children and it doesn't stop there.

It is in everyone's interest that the practice of sharing needles end immediately. It is a matter of policy.

Unfortunately, the drug policy of New York's Mayor and Health Commissioner encourages the practice of needle sharing.

First, no policy exists based on a policy of Harm Reduction. Harm Reduction policies have been in effect for many years - with great success - in many European cities and also more recently in the U.S.. In every city which has adopted needle exchange the spread of AIDS has been reduced, and in some cases virtually eliminated.

Second, New York City's prohibition of sterile needles does nothing to limit the supply of injectable illegal drugs. New York is one of the cities with the highest consumption of this kind of drugs. Prohibiting legal access to needles promotes the sharing of needles, and increases the risk of HIV transmission.

If the court dismisses this case, our witnesses will not be able to testify before this court and before a jury of New York's citizens. These experts have all come to New York without compensation, and some of them have also spent their own money on travel here. New Yorkers have been denied the oppurtunity to hear their testimony that syringe exchange protects everybody, not only drug users.

While on one hand prosecution's motion to dismiss is an attempt to silence voices which challenge New York's needle prohibition policy, it also implicitly recognizes the necessity and the legality of positive action - including needle exchange - in stopping the AIDS epidemic.

So the decision of the DA's office opens the door to a new drug policy for new York City. It is clear - although unstated - recognition that needle prohibition is an unmitigated public health failure.

But we oppose the DA's request if it is not manifest that after today there will be no further legal obstacles presented by the DA's office to the distribution of sterile needles and the collection and disposal of infected syringes.

For sake of justice, truth and humanity I announce that our campaign for needle exchange will not end here. It will continue immediately after this court hearing. It is our intention to go to the health department and deliver a package of sterile syringes to Health commissioner Myers and request that he have those needles distributed to injection drug users.

If the District Attorney has the courage to stand up and recognize the failure of this policy, New York City will have the same policy which exists in other cities, the same policy which has saved thousands of lives in Liverpool, in Tacoma, in Amsterdam, in Zurich and other cities where needle exchange has contributed to a lessening of drug use, a lessening of the violence, criminality and corruption associated with the illegal drug market.

If the District Attorney will not announce a moratorium on prosecutions under the needle prohibition statute, we will be arrested again and again demand a trial - not only to defend our actions, but to place on trial the city's destructive drug policy.