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Wone’s widow takes the stand

Trial begins with wife’s testimony, chilling 911 tape

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Katherine Wone, wife of slain attorney Robert Wone, testified this week about her husband’s relationship with the three gay men charged in connection with his murder. (Washington Blade photo by Michael Key)

The wife of slain attorney Robert Wone testified this week about her husband’s friendship with three gay men charged with obstructing a police investigation into his murder.

Katherine Wone, who became the government’s first witness Monday in a complex and long-awaited trial, said the couple gave money to a Virginia gay group that Joseph Price, one of the defendants, once chaired.

Price, 39, his domestic partner, Victor Zaborsky, 44, and the couple’s housemate, Dylan Ward, 39, are charged with obstruction of justice, conspiracy to obstruct justice and evidence tampering in connection with Wone’s August 2006 stabbing death in their Dupont Circle area townhouse. No one has been charged with the murder.

If convicted on all three counts, the defendants face a possible maximum sentence of 38 years in prison.

In testimony divided across two days, Katherine Wone said her husband, who became friends with Price during their days as students together at Virginia’s College of William & Mary, arranged to spend the night at the men’s house on Aug. 2, 2006.

She said he planned to work late at his job in D.C. as general counsel for Radio Free Asia and decided not to drive home that night to the couple’s house in Oakton, Va.

“Do you remember Robert saying he and Joe were good friends?” defense attorney Bernard Grimm asked Katherine Wone during cross-examination.

“Yes,” she said.

“Did you ever see a crossed word between Joe and Robert?” Grimm asked.

“No,” she replied.

In response to questions from Grimm, Katherine Wone said her husband was aware that Price was involved with Equality Virginia, a statewide gay civil rights group, and that he supported the cause of equal rights for “all people.”

She told of how she and Robert Wone accepted an invitation from Price to attend an Equality Virginia fundraising dinner in Richmond one year before the murder. And she confirmed that a photo of the Wones and Price that Grimm showed her on the witness stand was taken at the dinner.

The three defendants have said through their lawyers that an intruder killed Robert Wone after entering their house from a rear door while the men slept in their bedrooms. Each of their attorneys stressed during opening arguments that their clients’ friendship with Wone demonstrated they had no motive to harm him and that the government had failed to find a motive for the murder.

But Assistant U.S. Attorney Glenn Kirschner, the lead prosecutor, noted in his opening argument that the men tampered with the crime scene and repeatedly misled police and homicide detectives investigating the murder. He said the defendants know — but refuse to disclose — the identity of the person or people who fatally stabbed Wone in the chest.

Among other things, Kirschner noted that paramedics and crime scene investigators found almost no blood on Wone’s body or the bed where he was found with three large stab wounds. There were no signs of a struggle, no defensive wounds on his arms, no signs of forced entry into the house, and nothing was disturbed or taken from the house, Kirschner said.

All of this, he said, was evidence of crime scene tampering and completely dispelled the defendants’ claim that an intruder killed Wone.

Defense attorneys representing the three gay men countered that the evidence doesn’t support any of the government’s allegations, including an assertion that more blood should have been found on the scene.

They planned to call an expert witness, a cardiac surgeon, who is expected to testify that the single stab wound piercing Wone’s heart would have killed him within five seconds, shutting down the heart’s ability to pump blood. A stopped heart, rather than a sinister plot postulated by the government, was the reason little or no blood was seen, defense attorneys said.

From the moment homicide detectives arrived at the house to investigate the murder, they became “marred and infatuated in a theory based on ignorance,” prompting them to suspect the men were involved in the murder, said Grimm, who is Price’s attorney.

“Why is a straight man coming to the house of a gay man,” Grimm quoted a detective as saying while interviewing the defendants.

Grimm and David Schertler, Ward’s attorney, said in their opening arguments that the three defendants’ sexual orientation and their three-way relationship played a role in shaping police and prosecutor assumptions that they, rather than an intruder, were involved in the murder.

Kirschner challenged that assertion, however, saying investigators have linked the men to a conspiracy to obstruct the investigation based on a vast array of crime scene findings.

“This case is not about sexual orientation,” he told D.C. Superior Court Judge Lynn Leibovitz, who is poised to decide the men’s fate after the defendants opted to forego a jury trial.

“This case is not about the personal relationship of these three. There is nothing negative that can be inferred due to the sexual orientation or lifestyle choices of these men,” he said.

But he noted that Price, Zaborsky and Ward “had powerful bonds among them,” which amounted to a “tight knit family” that is protecting its members from the harm that would come to them “if the truth came out.”

911 tape stirs courtroom

Katherine Wone’s calm testimony was offset Tuesday afternoon when prosecutors played a dramatic audio tape of Zaborsky’s 911 call reporting that Wone had been stabbed in his house.

On the recording, which lasts about 12 minutes, a near hysterical Zaborsky is heard making a desperate plea for help. He tells the 911 operator that a male friend visiting the house “is not conscious” after being stabbed.

When the operator asked him who stabbed the person, Zaborsky replied, “I don’t know who stabbed him. We don’t know how they got in. The person has one of our knives. … I’m afraid to go downstairs.”

The operator then urged Zaborsky to use a towel to stop the bleeding by pressing it firmly on the stab wound. He replied that his housemate, meaning Price, was already doing that in the guest bedroom where the stabbing victim was staying.

In a development that prosecutors have called highly significant, Zaborsky is heard on the tape asking the operator, “What time is it?” The operator, sounding surprised, repeated the question before responding, “11:54.”

One day earlier, in his opening argument, prosecutor Kirschner said that Zaborsky’s question about the time was among the indicators that he participated in a conspiracy to conceal from investigators what really happened during Wone’s brief stay at the men’s house.

Investigators believe Wone arrived at the house shortly after 10:30 p.m. Kirschner followed up on the chronology of the incident when he next called as witnesses William and Claudia Thomas, a married couple who live in the townhouse adjoining the defendants’ house at 1509 Swann St., N.W.

William Thomas testified that he heard a scream coming from the defendants’ house through a wall shared by the two houses on the night of the murder. He said he did not check the time when he heard the scream, but said he remembered hearing his wife watching the 11 p.m. news on Channel 7. His wife backed up that account during her own testimony.

Based on that account, police and prosecutors have said between 12 and 49 minutes elapsed from the time of the scream and the time Zaborsky called 911 at 11:49 p.m.

Investigators have said the scream could have marked the time Wone was stabbed. A delay of even 12 minutes in making the 911 call could have been used to clean the crime scene and hide or discard other evidence linked to the murder.

The Thomas’ testimony was followed by testimony from Jeff Baker, one of the first of the paramedics to arrive at the house in response to the 911 call.

Baker said the first of several highly unusual murder scene observations he made came during his encounter with Ward, who was standing at the top of the second floor staircase when Baker approach the room where Wone’s body was found. He noted that when he asked 
Ward what happened, Ward ignored him and retreated into his bedroom.

Upon entering the room where Wone was lying lifeless on a pull-out sofa bed, Baker said, he was startled at what he saw. Wone was lying “flat on his back” with three stab wounds to his chest with almost no blood on his body or on the bed, he said.

This was highly unusual for a stabbing, Baker said, based on his experience in responding to hundreds of stabbings during his 14 years as a paramedic.

He said Price was sitting on the bed next to Wone’s lifeless body. There was no towel on Wone’s wounds and Price’s hands had no signs of blood, which would be expected if he had been holding the towel on Wone’s chest.

Baker said he later observed a light streak of blood on Wone’s abdomen that appeared as if it had been “wiped.”

Kirschner said in his opening argument that investigators found the towel in the room, but it had only a small amount of blood on it. He noted that Price told police he found one of the knives from the men’s kitchen in the room where Wone was stabbed.

Authorities later reported that cotton fibers found on the knife indicated that blood had been taken from Wone’s wounds and wiped onto the knife with a towel to make it look like the murder weapon. Although fibers found on the knife matched that of a towel, no fibers were found that matched the shirt Wone wore and which had been pierced by the knife used to kill him, Kirschner said in his opening argument.

Police evidence experts and findings from an autopsy on Wone also showed the blood on the knife covered the entire blade, even though the depth of the wounds on Wone’s chest indicated that blood would not have covered the full length of the blade, Kirschner said.

Kirschner has said this was further evidence that the men tampered with the crime scene to mislead police. He noted that a cutlery set found in Ward’s bedroom had one knife missing. When investigators obtained a duplicate knife from the manufacturer, they found it matched the size and depth of Wone’s wounds better than the bloody knife found at the scene, further suggesting that someone other than an intruder and someone known to the defendants was responsible for the murder.

Defense attorneys disputed these assertions in their opening arguments, saying their own expert witnesses would testify that the cotton fibers on the knife could not be accurately linked to either the towel or Wone’s shirt. Instead, they said the fibers are found in the ambient air and on all objects and were meaningless as evidence in a stabbing.

What really happened, Schertler said in his opening argument, is that the defendants are telling the truth in saying they were not involved in the murder and that an intruder killed Robert Wone.

D.C. attorney Dale Edwin Sanders, who practices criminal law and is not associated with the case, said the part of the government’s case that appears the strongest is its assertion that no evidence exists to show an intruder entered the house to kill Wone. He noted that in cases based on circumstantial evidence, sometimes “missing” evidence becomes the key to the case.

“It’s largely a circumstantial case,” he said. “There’s no smoking gun, but the government has presented a neatly interwoven mosaic of 100 pieces of evidence that all fit together.”

Other observers at the trial said the defense was ready to discredit or downplay the government’s evidence with the aim of establishing enough doubt that Leibovitz would have to find the men not guilty.

Attorneys on both sides have predicted the trial would last about five weeks.

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District of Columbia

D.C. Council gives first approval to amended PrEP insurance bill

Removes weakening language after concerns raised by AIDS group

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‘This is a win in the fight against HIV/AIDS,’ said Council member Zachary Parker. (File photo courtesy of Earline Budd)

The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.

 The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.

The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.  

Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.

Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.

Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.

The change made by the committee, Schmid told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”

Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.

“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.

In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”

During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug. 

“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.

“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.

In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”

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Maryland

4th Circuit dismisses lawsuit against Montgomery County schools’ pronoun policy

Substitute teacher Kimberly Polk challenged regulation in 2024

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(Photo by Sergei Gnatuk via Bigstock)

A federal appeals court has ruled Montgomery County Public Schools did not violate a substitute teacher’s constitutional rights when it required her to use students’ preferred pronouns in the classroom.

The 4th U.S. Circuit Court of Appeals in a 2-1 decision it released on Jan. 28 ruled against Kimberly Polk.

The policy states that “all students have the right to be referred to by their identified name and/or pronoun.”

“School staff members should address students by the name and pronoun corresponding to the gender identity that is consistently asserted at school,” it reads. “Students are not required to change their permanent student records as described in the next section (e.g., obtain a court-ordered name and/or new birth certificate) as a prerequisite to being addressed by the name and pronoun that corresponds to their identified name. To the extent possible, and consistent with these guidelines, school personnel will make efforts to maintain the confidentiality of the student’s transgender status.”

The Washington Post reported Polk, who became a substitute teacher in Montgomery County in 2021, in November 2022 requested a “religious accommodation, claiming that the policy went against her ‘sincerely held religious beliefs,’ which are ‘based on her understanding of her Christian religion and the Holy Bible.’”

U.S. District Judge Deborah Boardman in January 2025 dismissed Polk’s lawsuit that she filed in federal court in Beltsville. Polk appealed the decision to the 4th Circuit.

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District of Columbia

Norton hailed as champion of LGBTQ rights

D.C. congressional delegate to retire after 36 years in U.S. House

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Del. Eleanor Holmes Norton announced she will not seek re-election; her term ends January 2027. (Washington Blade file photo by Drew Brown)

LGBTQ rights advocates reflected on D.C. Congressional Del. Eleanor Holmes Norton’s longstanding advocacy and support for LGBTQ rights in Congress following her decision last month not to run for re-election this year. 

Upon completing her current term in office in January 2027, Norton, a Democrat, will have served 18 two-year terms and 36 years in her role as the city’s non-voting delegate to the U.S. House.

LGBTQ advocates have joined city officials and community leaders in describing Norton as a highly effective advocate for D.C. under the city’s limited representation in Congress where she could not vote on the House floor but stood out in her work on House committees and moving, powerful speeches on the House floor.

 “During her more than three decades in Congress, Eleanor Holmes Norton has been a champion for the District of Columbia and the LGBTQ+ community,” said David Stacy, vice president of government affairs for the Human Rights Campaign, the D.C.-based national LGBTQ advocacy organization.

“When Congress blocked implementation of D.C.’s domestic partnership registry, Norton led the fight to allow it to go into effect,” Stacey said. “When President Bush tried to ban marriage equality in every state and the District, Norton again stood up in opposition. And when Congress blocked HIV prevention efforts, Norton worked to end that interference in local control,” he said.

Del. Eleanor Holmes Norton (D-D.C.) (Washington Blade photo by Jeff Surprenant)

In reflecting the sentiment of many local and national LGBTQ advocates familiar with Norton’s work, Stacy added, “We have been lucky to have such an incredible champion. As her time in Congress comes to an end, we honor her extraordinary impact in the nation’s capital and beyond by standing together in pride and gratitude.”

Norton has been among the lead co-sponsors and outspoken supporters of LGBTQ rights legislation introduced in Congress since first taking office, including the currently pending Equality Act, which would ban employment discrimination based on sexual orientation and gender identity. 

Activists familiar with Norton’s work also point out that she has played a lead role in opposing and helping to defeat anti-LGBTQ legislation. In 2018, Norton helped lead an effort to defeat a bill called the First Amendment Defense Act introduced by U.S. Sen. Mike Lee (R-Utah), which Norton said included language that could “gut” D.C.’s Human Rights Act’s provisions banning LGBTQ discrimination.

Norton pointed to a provision in the bill not immediately noticed by LGBTQ rights organizations that would define D.C.’s local government as a federal government entity and allow potential discrimination against LGBTQ people based on a “sincerely held religious belief.”

“This bill is the latest outrageous Republican attack on the District, focusing particularly on our LGBT community and the District’s right to self-government,” Norton said shortly after the bill was introduced. “We will not allow Republicans to discriminate against the LGBT community under the guise of religious liberty,” she said. Records show supporters have not secured the votes to pass it in several congressional sessions.

In 2011, Norton was credited with lining up sufficient opposition to plans by some Republican lawmakers to attempt to overturn D.C.’s same-sex marriage law, that the Council passed and the mayor signed in 2010.   

In 2015, Norton also played a lead role opposing attempts by GOP members of  Congress to overturn another D.C. law protecting LGBTQ students at religious schools, including the city’s Catholic University, from discrimination such as the denial of providing meeting space for an LGBTQ organization.

More recently, in 2024 Norton again led efforts to defeat an attempt by Republican House members to amend the D.C. budget bill that Congress must pass to eliminate funding for the Mayor’s Office of LGBTQ Affairs and to prohibit the city from using its funds to enforce the D.C. Human Rights Act in cases of discrimination against transgender people.

“The Republican amendment that would prohibit funds from being used to enforce anti-LGBTQ+ discrimination regulations and the amendment to defund the Mayor’s Office of LGBTQ+ Affairs are disgraceful attempts, in themselves, to discriminate against D.C.’s LGBTQ+ community while denying D.C. residents the limited governance over their local affairs to which they are entitled,” Norton told the Washington Blade.

In addition to pushing for LGBTQ supportive laws and opposing anti-LGBTQ measures Norton has spoken out against anti-LGBTQ hate crimes and called on the office of the U.S. Attorney for D.C. in 2020 to more aggressively prosecute anti-LGBTQ hate crimes.

Del. Eleanor Holmes Norton marches in the 1995 AIDS Walk. (Washington Blade archive photo by Clint Steib)

“There is so much to be thankful for Eleanor Holmes Norton’s many years of service to all the citizens and residents of the District of Columbia,” said John Klenert, a member of the board of the LGBTQ Victory Fund. “Whether it was supporting its LGBTQ+ people for equal rights, HIV health issues, home rule protection, statehood for all 700,000 people, we could depend on her,” he said.

Ryan Bos, executive director of Capital Pride Alliance, the group that organizes D.C.’s annual LGBTQ Pride events, called Norton a “staunch” LGBTQ community ally and champion for LGBTQ supportive legislation in Congress.

“For decades, Congresswoman Norton has marched in the annual Capital Pride Parade, showing her pride and using her platform to bring voice and visibility in our fight to advance civil rights, end discrimination, and affirm the dignity of all LGBTQ+ people” Bos said. “We will be forever grateful for her ongoing advocacy and contributions to the LGBTQ+ movement.”

Howard Garrett, president of D.C.’s Capital Stonewall Democrats, called Norton a “consistent and principled advocate” for equality throughout her career. “She supported LGBTQ rights long before it was politically popular, advancing nondiscrimination protections and equal protection under the law,” he said.

“Eleanor was smart, tough, and did not suffer fools gladly,” said Rick Rosendall, former president of the D.C. Gay and Lesbian Activists Alliance. “But unlike many Democratic politicians a few decades ago who were not reliable on LGBTQ issues, she was always right there with us,” he said. “We didn’t have to explain our cause to her.”

Longtime D.C. gay Democratic activist Peter Rosenstein said he first met Norton when she served as chair of the New York City Human Rights Commission. “She got her start in the civil rights movement and has always been a brilliant advocate for equality,” Rosenstein said.

“She fought for women and for the LGBTQ community,” he said. “She always stood strong with us in all the battles the LGBTQ community had to fight in Congress. I have been honored to know her, thank her for her lifetime of service, and wish her only the best in a hard-earned retirement.”

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