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Dan Choi convicted in White House protest case

Former Army Lt. breaks down in courtroom, vows to appeal verdict

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Dan Choi, White House, Don't Ask, Don't Tell, DADT, GetEqual, gay news, Washington Blade, Marion Ben Shalom
Dan Choi, White House, Don't Ask, Don't Tell, DADT, GetEqual, gay news, Washington Blade, Marion Ben Shalom

Choi supporters Diane Olson and Robin Tyler of Los Angeles (left) and Mariam Ben-Shalom of Milwaukee (front right) join Choi (center) in a rally outside the courthouse. Supporters, who packed the courtroom, gave Choi a standing ovation when the trial ended. (Washington Blade photo by Lou Chibbaro, Jr.)

A federal judge on Thursday found gay former Army Lt. Dan Choi guilty of a misdemeanor offense of disobeying a lawful order by police to disperse from the White House fence during a November 2010 protest against “Don’t Ask, Don’t Tell.”

U.S. District Court Magistrate Judge John Facciola issued his verdict and sentenced Choi to a $100 fine on the last day of a non-jury trial in a case that has dragged on for two-and-a-half years.

Choi and 12 others had handcuffed themselves to the White House fence at a time when the activists said President Obama and Congress weren’t doing enough to advance legislation to repeal the “Don’t Ask, Don’t Tell” law that barred gays from serving openly in the military.

The verdict and sentence came after an emotionally distraught Choi broke down and cried repeatedly during the five-hour court session on Thursday as more than 50 friends and supporters, many of whom came from throughout the country, looked on in a packed courtroom.

Choi began the day’s activities by leading a contingent of supporters to the White House, where they stood at the site of the White House fence before walking about a mile to the courthouse.

He and several of his supporters who are military veterans arrived at the courthouse wearing their military uniforms.

“I apologize for my emotions but I don’t apologize for my humanity,” Choi told Facciola as he represented himself without an attorney.

When Facciola pronounced Choi guilty beyond a reasonable doubt, Choi replied that he would appeal the verdict. When the judge announced the sentence would be limited to a $100 fine, which many of Choi’s supporters considered a rebuke to prosecutors, Choi shouted, “I refuse to pay it…Send me to jail.”

“You have a right to appeal,” Facciola said before adjourning the trial without responding to Choi’s assertion that he would not pay the fine.

“This trial began in August 2011 and was suspended, and what do you think Dan was doing for the next two years,” asked Choi’s friend, former Army Capt. James Pietrangelo, an attorney who provided Choi with legal help. “This case was basically crushing him to death. And you saw the result of his mental state in there today.”

Pietrangelo told supporters before the trial resumed on Thursday that Choi was struggling with a recurring bout of post-traumatic stress disorder. Choi has said in media interviews that the stress disorder stemmed from his combat duty in the Iraq war, where he served as an Arabic linguist and field engineer.

Choi emerged as a nationally recognized advocate for the repeal of DADT in 2009, when he came out as gay in an interview on the Rachel Maddow show while a member of the Army Reserves. Army authorities discharged him under “Don’t Ask, Don’t Tell” a short time later.

Pietrangelo and other supporters of Choi have rallied behind Choi’s decision to fight what he has said was an effort by prosecutors, at the behest of the White House, to single him out for a harsher prosecution because of his criticism of the Obama administration on the “Don’t Ask, Don’t Tell” issue.

Choi and his lawyers argued during the first week of the trial in August 2011 that prosecutors charged him and the other 12 protesters who handcuffed themselves to the White House fence under a federal rather than local D.C. regulation that carried a maximum sentence of six months in jail and $5,000 fine.

In nearly all previous civil disobedience arrests at the White House, protesters have been charged under a D.C. municipal regulation that carries no jail time and a small fine similar to a parking ticket, Choi’s attorneys argued.

Choi was the only one of the 13 people arrested in the November 2010 White House protest that did not agree to plead guilty to the charge in exchange for having the case dismissed if they weren’t arrested again at the White House within a four-month period.

Assistant United States Attorney Angela George, the lead prosecutor in the case, said during her closing arguments on Thursday that Choi’s political beliefs were irrelevant to the prosecution.

At an earlier stage of the trial she said prosecutors chose to charge Choi under the stricter federal regulation because he had two prior arrests at the White House related to protests against DADT, and the government has the discretion to adjust its charges for repeat offenders.

Observers of the early stage of Choi’s trial considered Facciola to be sympathetic to Choi’s contention that he was targeted for “selective” and “vindictive” prosecution because of his criticism of the Obama administration over DADT. In an important procedural ruling during the first week of the trial in August 2011, Facciola found that Choi and his lawyers presented sufficient evidence to move ahead with a vindictive prosecution defense.

But in a development considered highly unusual, prosecutor George filed a motion for a Writ of Mandamus to contest Facciola’s ruling. Following a special hearing on the issue, U.S. District Court Chief Judge Royce Lamberth overruled Facciola, ordering him not to allow Choi to pursue a vindictive or selective prosecution defense.

Choi and his attorneys responded by appealing Lamberth’s action to the U.S. Court of Appeals, putting in motion additional court hearings while the trial itself was put on hold.

After losing the appeal, Choi dismissed his lawyers, who had been providing pro bono representation, and announced he would represent himself going forward in an action known as pro se representation.

Over the past several months, Choi — with help from lawyers behind the scenes — introduced a flurry of procedural motions that Facciola denied. Choi also filed subpoenas to call 21 government and law enforcement officials, including Secret Service agents, to testify at the trial as defense witnesses. Facciola granted a series of motions by prosecutor George to quash the subpoenas for nearly all of the witnesses Choi sought to call.

At the trial on Thursday, Choi called just four witnesses, two U.S. Park Police officers who played a role in his arrest at the White House fence and two people who supported his defense – lesbian former Army Sgt. Mariam Ben-Shalom and Rev. C.T. Vivian, a nationally recognized civil rights leader and colleague of Rev. Martin Luther King Jr. during the 1960s civil rights movement.

Choi asked Vivian on the witness stand about his philosophy on civil rights and what he thought about Choi’s arrest at the White House. Vivian acknowledged that he was not present at the protest in which Choi was arrested and could not offer an opinion.

“As far as I’m concerned, you were there in my heart,” Choi told him.

Ben-Shalom, who was among the protesters arrested with Choi at the 2010 White House protest, testified that she supports Choi’s First Amendment right to participate in such a protest.

Choi questioned U.S. Park Police Lt. Robert LaChance and Park Police Sgt. Timothy Hodge, who he called as witnesses to discuss the procedures and actions surrounding Choi’s arrest at the White House protest. Both played a role in Choi’s arrest. In response to Choi’s questions, the two said they did not single out Choi for his political beliefs and had no knowledge of whether higher ups at the Park Police sought to target Choi or any of the other protesters for their political views related to DADT.

Choi also pressed the officers on what he has claimed all along – that the order by police directed the protesters to leave the sidewalk in front of the White House when Choi and some of the others were standing on a ledge to which the White House fence is attached. In what Choi and his supporters acknowledge is a technicality, Choi has argued that he could not be legally charged with disobeying an order to leave the sidewalk if he was not on the sidewalk when the order was issued.

Facciola, however, said when handing down his verdict that prosecutor George established sufficient evidence through police witnesses that the order called on Choi and the other protesters to leave the area of the fence, not just the sidewalk.

One of the most dramatic moments of Thursday’s trial session came when Choi played a video, while LaChance was on the witness stand, of the 2009 interview of Choi by Rachel Maddow, in which Choi came out as gay. He said the video would provide evidence helpful to his case.

But with the lights dimmed in the courtroom and the video playing on several screens, Choi began to sob uncontrollably before shouting to the judge, “The defense rests!” He then called on Facciola to immediately begin the closing arguments for the trial.

Facciola responded by calling a recess for lunch, prompting Choi to lie on the courtroom floor yelling and cursing. At Facciola’s orders, two U.S. Marshals lifted Choi from the floor, carried him out of the courtroom and into an elevator. It couldn’t immediately be determined where they took Choi.

But when the trial resumed about two hours later, Choi returned to the courtroom with Ben-Shalom helping him walk. After George delivered her closing argument, Choi delivered a 40-minute closing argument in which he discussed his views on civil rights, religion, the First Amendment, the Iraq war and strife between Iraq’s Shiite and Sunni Muslim factions, among other topics that Choi said touched on his theme of justice and equality.

At various times during the trial and in his closing argument Choi spoke in Arabic.

“The lesson we learned today is we need to start taking care of our activists who are willing to stand up and fight back against injustice,” Ben-Shalom said after the trial ended. “Today we have as pure an example as I can ever come up with about the toll it takes on a human being to stand up and fight back,“ she said.

In addition to Ben-Shalom and Pietrangelo, out-of-town activists who came to the courthouse to support Choi were Ian Finkenbinder of Seattle and Michael Bedwell of San Francisco, who were among those who were arrested with Choi at the 2010 White House protest; marriage equality activists Robin Tyler and Diane Olson of Los Angeles; and California activist Robin McGehee, co-founder of the national LGBT direct action group GetEqual.

Dan Choi, GetEqual, DADT, Don't Ask Don't Tell, gay news, Washington Blade

Dan Choi and other ‘Don’t Ask, Don’t Tell’ repeal activists handcuffed themselves to the White House fence in 2010. (Washington Blade file photo by Michael Key)

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District of Columbia

Key lifestyle changes can help patients cope with diabetes

Small daily choices make a big difference in one’s health

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Dr. Marcy Oppenheimer (Courtesy photo)

One Tuesday evening after my family finished dinner, I noticed my grandmother sitting on the couch, sweating more than usual. The family room wasn’t hot, and she hadn’t eaten a lot of salty food that day, so seeing her like that made me worry. 

My grandmother, Shirley Mitchell, is a 72-year-old who lives with Type 2 diabetes, and moments like this, when her blood sugar gets dangerously low, can happen without warning. Watching her reach for her glucose tablets reminded me how serious her condition is.

Each day, millions of people living with diabetes face a choice that can either play a role in protecting their health or putting it at risk– namely, what they eat. Nationally, 12 percent of the population lives with diabetes, according to the Centers for Disease Control. In D.C., nine percent of residents are known to have diabetes, with likely many more undiagnosed, said Dr. Marcy Oppenheimer, a family medicine doctor who practices in Northeast D.C. 

“It’s super common, especially as you get older,” she said, estimating that 15 to 20 percent of her patients have diabetes, and another 20 percent have pre-diabetes, where blood sugar is higher than normal but not yet at the level to trigger a diabetes diagnosis. 

What is diabetes?

Diabetes is a long-term condition that affects how the body controls blood sugar. When blood sugar levels are not managed properly, they can rise too high and cause serious damage to the body. This happens when the body does not make enough insulin or cannot use insulin correctly, which means sugar stays in the blood instead of being moved into the body’s cells where it’s needed for energy. 

Having high levels of sugar in the blood over long periods of time causes damage to just about every body system, said Oppenheimer. “It can pretty much cause any part of your body to start failing over the long term, if you have high sugar for a long time.”

While food isn’t the only factor that affects diabetes — genetics play an even bigger role — certain foods can worsen diabetes by spiking the amount of sugar in the blood. 

What foods should you eat if you have diabetes? 

Healthy food choices play a major role in helping people with diabetes manage their condition. Foods such as vegetables, whole grains, lean proteins like fish and chicken, beans, nuts, and healthy fats digest slowly and provide steady energy. These foods help prevent sudden spikes in blood sugar, which are dangerous for people with diabetes. 

Many people with diabetes learn that planning meals, watching portion sizes, and choosing healthier options can make a big difference in how they feel each day.

“I had to slow down and pay attention to what I ate because everything affected my sugar levels,” says Mitchell.  

Even small choices, like drinking a lot of soda or eating too much white bread, can cause blood sugar levels to rise quickly, said Oppenheimer. 

Which foods can increase the risk or harm of diabetes?

Unhealthy food choices like these can seriously harm those with diabetes. Sugary foods such as candies, cake, cookies, and sweetened drinks cause blood sugar to spike quickly. Processed foods, white bread, and fast food are also harmful because they can be high in unhealthy saturated fats and refined carbohydrates. 

When these foods are eaten often, they can lead to weight gain and they make diabetes harder to control and increase the risk of long-term health problems, said Oppenheimer.

Over time, poor eating habits that lead to prolonged high blood sugar can lead to heart disease, nerve damage, kidney problems, and even vision loss.

“Basically, diabetes is an all-body condition or disease, and it just varies from person to person in how it affects you,” said Oppenheimer. “If you have uncontrolled diabetes, it definitely has a negative impact on both your daily life and your long-term health.”

Anyone with diabetes can develop serious complications like blindness — or diabetic retinopathy — and the risk factors are higher for Black, Latino and American Indian or Alaska Native groups, according to the CDC.

What you or a loved one can do to manage diabetes

Mitchell warns others not to ignore the impact of food on their health. “Don’t ignore your health,” she says. “Fix your problems early before they get worse.” 

Making lifestyle changes is key because, after all, diabetes changes your entire lifestyle, says Mitchell. “Walking throughout the day has helped me feel better.” 

Daniel Dow, a middle school coach at Friendship Blow Pierce Elementary & Middle School in Northeast D.C. who also has diabetes agreed with Mitchell. 

“Don’t wait to change your habits, start right away,” he says. “I learned that what I eat before practice affects my sugar for the whole day.” 

Mitchell’s and Dow’s experiences show that small daily choices can make a big difference in one’s health. By paying attention to what you eat and how your body responds, you can prevent problems before they get worse. Starting healthy habits early can help you stay strong, focused, and in control of your well-being.

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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District of Columbia

How Pepper the courthouse dog helps victims of abuse

Reshaping how the legal system balances compassion with procedure

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Abby Stavitsky and Pepper (Courtesy photo)

Deborah Kelly’s blind husband, Alton, was dragged for blocks to his death by a hit-and-run driver who had already plowed into her on Alabama Ave., S.E., in June 2024. 

But her trauma had only just begun. It took 10 months before the driver, Kenneth Trice, Jr., was arrested, and another six months before he was sentenced to just six months behind bars.  

As she heaved and sobbed in the courtroom in November, Kelly had a steady four-legged presence by her side: Pepper the Courthouse Dog, as the black Labrador retriever is known in D.C. Superior Court.

Abby Stavitsky, a former federal prosecutor who now serves as a victims’ advocate, is the owner and handler of nine-year-old Pepper. She says that one of the things that has made Pepper such a great asset in the court in the past six years is the emotional support and comfort she provides to victims.  

“She absorbs all of the feelings and the emotions around her, but she’s very good at handling it,” Stavitsky said. 

Pepper and Stavitsky started working in Magistrate Judge Mary Grace Rook’s courtroom — and now works in Magistrate Judge Janet Albert’s — to provide support for youth who suffer trauma, especially young survivors of commercial sexual exploitation.

These specially trained dogs offer emotional support to trauma victims of all ages. Courthouse dogs can reduce victims’ and witnesses’ anxiety and stress, making it easier for them to provide clear statements in the courtroom, according to a 2019 report in the Criminal Justice Review. 

“Having something to pet and interact with is a distraction that results in victims being calmer when testifying in court,” says Stavitsky. “This gives them an extra level of comfort.” 

What brought Stavitsky and Pepper together

Stavitsky, who spent 25 years as an assistant U.S attorney, handled a lot of victim-based crimes, mostly domestic violence and sex offenses. She was also a dog lover, and once she learned about courthouse dogs and their use, she was inspired.

In 2019, Pepper was given to Stavitsky by a Massachusetts-based organization, NEADS, formerly known as the National Education for Assistance Dog Services. Although Pepper was originally trained to be a service dog, evaluators determined her character was best suited for a courthouse dog.

Pepper now works regularly in various treatment court cases involving juveniles, many of whom have experienced trauma or are involved in the child welfare system. She also sits with victims while they are testifying in a trial.

“She loves people, especially children,” Stavitsky said. “She loves that interaction.”

Courthouse dogs have a long history 

In courthouses across the U.S. specially trained “facility dogs” are becoming an important part of how the justice system supports vulnerable victims and witnesses.

Since the late 1980s, these dogs were used to help trauma survivors and anxious children during testimonies and interviews. The first dog to make an appearance in a courtroom was Sheba, a German shepherd who assisted child sexual abuse victims in the Queens (N.Y.) District Attorney’s Office. Courthouse dogs help them communicate more clearly, especially in these settings that make them anxious and stressed.

Unlike service dogs, courthouse facility dogs are professionally trained through accredited assistance dog organizations and work daily alongside prosecutors, victim advocates, and forensic interviewers. For example, courthouse dogs can have more social interaction, unlike service dogs.

Courthouse dogs’ growing use has prompted state laws and professional guidelines to recognize the dogs as a trauma-informed tool that helps victims participate in the justice process without compromising courtroom fairness.

As more jurisdictions adopt these programs, courthouse dogs are reshaping how the legal system balances compassion with procedure, ensuring that victims’ voices can be heard in environments that might otherwise silence them.

Pepper makes it easy to see why. 

“I really love people, especially kids, and can provide emotional support and comfort during all stages of the court process,” reads the business card Stavitsky hands out with Pepper’s picture. “I’m calm, quiet and can stay in place for several hours.” 

(This article was written by a student in the journalism program at Bard High School Early College DC. This work is part of a partnership between the Washington Blade Foundation and Youthcast Media Group, funded through the FY26 Community Development Grant from the Office of D.C. Mayor Muriel Bowser.)

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Rehoboth Beach

Women’s FEST returns to Rehoboth Beach next week

Golf tournament, mini-concerts, meetups planned for silver anniversary festival

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(Washington Blade file photo by Daniel Truitt)

Women’s+ FEST 2026 will begin on Thursday, April 9 at CAMP Rehoboth Community Center.

The festival will celebrate a remarkable milestone in 2026: its silver anniversary. For 25 years, Women’s+ FEST has brought fun and entertainment for all those on the spectrum of the feminine spirit. There will be a variety of events including a golf tournament, mini-concerts and happy hour meetups.

For more information, visit Camp Rehoboth’s website.

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