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Evidence fight continues as Wone trial nears & more
Evidence fight continues as Wone trial nears
The judge presiding over the upcoming obstruction of justice trial for three gay men implicated in the 2006 murder of D.C. attorney Robert Wone will issue a final decision next week on witnesses and evidence admissible in the trial, including evidence about the sexual proclivities of the three defendants.
During an April 23 status hearing, D.C. Superior Court Judge Lynn Leibovitz set a final pre-trial status hearing for May 5, at which time she promised to rule, among other things, on whether the government can submit evidence showing the defendants used sex toys, including restraints, at their home.
Joseph Price, Victor Zaborsky and Dylan Ward are charged with obstruction of justice, conspiracy to obstruct justice and evidence tampering in connection with the stabbing death of Wone inside the Dupont Circle area house where the three defendants lived in August 2006.
Prosecutors have pointed to an autopsy report saying Wone appeared to have been “immobilized” when he was stabbed three times in a guest bedroom at the house. They have since backed away from an earlier theory that Wone was immobilized from a paralytic drug, suggesting they may argue at trial that he was restrained before being stabbed.
The defense has filed motions asking Leibovitz to bar the government from submitting evidence or witnesses showing that the crime scene was “cleaned” of blood stains; that Wone was sexually assaulted or immobilized by a drug; and that Wone may have been bound by “restraints.” Another defense motion calls for barring the government from submitting evidence about the sex lives of the three gay men, including any S&M-related sexual activities.
Prosecutors, meanwhile, say they may file a motion seeking to bar the defense from calling as a witness a cardiologist who’s expected to testify that a single stab wound to the heart could immobilize a person. The defense was expected to use the witness to counter the autopsy finding of no signs of a struggle or movement by Wone when he was stabbed.
Authorities have yet to charge anyone with the murder itself. The trial is scheduled to begin May 10.
The men have pleaded not guilty and say they believe an intruder killed Wone after entering the house while they were asleep. Wone, a friend of the men, was spending the night at their house after working late at his nearby office. Wone was married to a woman, and his family says he was straight.
LOU CHIBBARO JR.
LGBT activists absent from Gray campaign kickoff
Similar to D.C. Mayor Adrian Fenty’s opening campaign event earlier this month, nearly all of the city’s well-known LGBT activists stayed away from City Council Chairman Vincent Gray’s mayoral campaign kickoff event.
Activists following city politics are speculating that many LGBT city residents are taking a wait-and-see posture on the mayor’s race and are not ready to take sides. Fenty and Gray both have strong records on LGBT issues. Fenty signed the city’s same-sex marriage law in December, and Gray was a strong advocate for the measure in his role as Council chairman.
Although he did not mention Fenty by name during the April 24 campaign kickoff, Gray leveled strong criticism of the mayor’s leadership style, saying the mayor’s office has alienated many city residents in his efforts to push through reforms for the city’s public schools and other programs.
Gray said he supports school reform but promised to work more closely with teachers, parents and principals.
Also similar to the mayor’s opening campaign event, Gray did not mention LGBT issues. He chided Fenty for being a divisive force in the city, but did not mention that both he and Fenty received an equal amount of criticism from some of the city’s ministers and socially conservative residents for allegedly dividing the city through their support of same-sex marriage.
Gray told reporters after his kickoff speech before a large audience at the Historical Society of Washington that he decided to limit the topics covered in his address to broad themes dealing with his plans to unite the city. He said he would address a wide range of other issues, including same-sex marriage, in future campaign appearances and events.
Among the few gay Democratic activists attending the kickoff were Paul Kuntzler, co-founder of the Gertrude Stein Democratic Club, the city’s largest LGBT political group; and Stein member Christopher Fitzgerald. The club’s current officers were not present. Stein President Jeffrey Richardson has said the club’s rules require the officers to remain neutral until the club makes an official endorsement of a mayoral candidate.
Other out gays attending the event were Ronald Collins, the City Council’s deputy secretary; and Christopher Murray, the clerk of the Council’s Committee of the Whole, which Gray chairs. Also attending was gay activist Kenneth Borden and D.C. Nightlife Association Executive Director Skip Coburn, whose group represents gay and straight bars and nightclubs in matters before the city. Coburn said he attended as an observer and hasn’t made up his mind on which candidate to support.
David Meadows, a former Stein Club president and member of the D.C. Democratic State Committee, said he also attended as an observer and is neutral in the mayor’s race.
LOU CHIBBARO JR.
Earline Budd honored for trans advocacy work
Veteran D.C. transgender activist Earline Budd has been named the 2010 recipient of the International Foundation for Gender Education’s Trinity Award, which recognizes outstanding work on behalf of the transgender community.
“The Trinity Award honors our heroes: living transgender persons who have performed extraordinary acts of courage and love in service to the transgender community,” says a letter announcing Budd’s selection for the award.
“I know of no one more deserving of this recognition,” Denise Leclair, a Foundation official, told Budd in the letter.
Budd received the award at the organization’s annual conference April 23 at the Alexandria Mark Center Hilton Hotel in Alexandria, Va.
“I am always pleased at doing something that will continue to put the District of Columbia out front,” Budd said in an e-mail to LGBT activists. “This award tells me that with your continued support I am doing something right. I really appreciate each of you being in some way a part of my life and say thank you.”
LOU CHIBBARO JR.
The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected].
The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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