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Wone hearing to discuss S&M devices

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A prosecutors’ request to introduce evidence that police found a collection of S&M devices in the home of three gay men implicated in the 2006 murder of Washington attorney Robert Wone is expected to be debated Friday during a D.C. Superior Court hearing.

The hearing follows a prosecutors’ February court filing seeking permission to submit evidence at trial alleging that defendants Joseph Price, Victor Zaborsky and Dylan Ward engaged in “conduct” not identified in the charges pending against them that could further link them to the murder. The trial is scheduled to begin May 10.

The three have been indicted on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with Wone’s August 2006 stabbing death inside their house near Dupont Circle. Authorities have yet to charge anyone with the murder itself.

The men have pleaded not guilty to the charges and have said an unknown intruder killed Wone after entering their home through a rear door while they slept in their respective bedrooms.

According to the prosecutors’ filing last month, the new evidence includes a collection of sex toys and S&M books and manuals seized from the defendants’ home. Some of the devices are used to tie and restrain someone engaged in S&M activity while other devices seized are used to administer an electric shock to a person’s genitals, the prosecutors say.

While noting that these devices are not illegal and their use does not constitute a crime, prosecutors say in the court filing that “said evidence clearly passes” federal rules of evidence “as its probative value is exceedingly high and the prejudicial effect is quite low.”

Police have said Wone was restrained, immobilized with a paralytic drug, sexually assaulted and then stabbed to death, most likely in a guest bedroom in the upscale townhouse where the three men lived at the time.

Legal observers say the request to use the S&M devices as evidence at trial suggests that prosecutors might use it to develop a possible motive for the murder that the defense claims is lacking in the government’s case.

But in a separate court filing in February, defense attorneys accuse prosecutors of seeking to use the S&M devices, which the defense labels “erotic accessories,” as sensational and inflammatory “evidence” that has no relevance to the case and which would prejudice the jury.

“Here there is no evidence that Wone was restrained in any fashion and absolutely no evidence that any one of the erotic accessories was used on Wone for any purpose, never mind in connection with his death,” defense attorneys say in their filing.

Among the items seized from the Swann Street home of the three men, according to the prosecutors filing, are “floggers,” “assorted dildos,” “scrotal harness with weight attachments,” and devices designed to administer an electric shock to various parts of someone’s body, including the penis and anal area.

The 39-page defense filing, among other things, disputes an assertion by prosecutors’ that an autopsy finding traces of Wone’s own semen inside his rectum and on his genitals is evidence that he was sexually assaulted before being murdered. Defense attorneys say in their filing that they will present testimony at trial by expert witnesses showing that the traces of Wone’s semen on his body did not contain any sperm cells.

The lack of sperm cells indicates that the semen found on the body was due to a normal discharge of various bodily fluids including urine and seminal fluids that occurs when men die and internal muscles relax, the defense filing says.

“There were no obvious, external signs of sexual assault, restraint or electro-torture,” says the defense filing. “Indeed, the government itself did not claim that Wone was sexually assaulted until after the FBI tested the forensic swabs [of Wone’s genital and anal areas] more than two years after Wone’s death,” it says.

Investigators said Wone, 32, who was a college friend of Price, spent the night at the men’s home after working late in his downtown office. Wone was married to a woman and lived in Oakon, Va. Family members have said he was straight.

Price and Zaborsky, who are domestic partners, and Ward told police an intruder killed Wone after entering the home while they were asleep in their respective bedrooms.

Police and prosecutors dispute that claim, saying there’s no evidence of a break-in. They point to an autopsy showing Wone suffered from three “clean,” surgical-like stab wounds, with no signs of struggle. They also have said the autopsy indicates the wounds could only have been inflicted if Wone was immobilized by a drug.

But the defense team says in its court filings that the autopsy and chemical tests of the body have not found any traces of a paralytic drug, and it disputes the government’s claim that such drugs quickly dissipate within the body and can’t be found by chemical tests. The defense filing does not address the issue of the “clean” stab wounds that prosecutors say could only happen if a person is immobilized by an anesthesia-type drug.

Killer ‘known to’ men?

In their Feb. 5 court filing, which was made public Feb. 15, prosecutors reiterate earlier statements that they lacked evidence to charge anyone with the murder itself. But for the first time, they say that they believe “the killer is someone known to and being protected by” Price, Zaborsky and Ward.

“Given the sophistication and success of the defendants’ cover-up of the murder of Robert Wone, the evidence obtained to date does not yet establish beyond a reasonable doubt who actually killed Robert Wone,” says the court filing.

“Although the government investigation into the murder continues, there is ample admissible evidence demonstrating the killer is someone known to the defendants, and not, as the defendants told the police, an unknown, unseen, unheard, phantom intruder who entered without force, took nothing from the home, went to the farthest reaches of the second floor of the home, stabbed Robert Wone (while Robert Wone lay immobile), and then fled without a sound and without taking any item from the home or disturbing anything therein,” it says.

The government’s filing also for the first time suggests that Joseph Price’s brother, Michael Price, could be a person of interest linked to the Wone murder.

In October 2006, two months after the murder, D.C. police arrested Michael Price and an accomplice on a charge of burglarizing the Swann Street home where the murder took place, saying they entered the then vacant home using a key that Joseph Price had given Michael Price sometime earlier. At the time, police said they had no evidence to link the burglary to the murder.

In their court filing last month, prosecutors say they found that Michael Price had been enrolled in a course at Montgomery College, studying to be a phlebotomist from June through August of 2006. A phlebotomist is trained to draw blood from patients at hospitals or other medical facilities through the use of special hypodermic needles.

“Course attendance records reflect that Michael Price attended each and every scheduled class beginning on June 7, 2006, and running through July 31, 2006,” the government filing says. “However, those same records reflect that the first time he missed class was on Aug. 2, 2006, the night Robert Wone was killed.”

The filing adds in a footnote, “It should be noted that Michael Price’s partner, Louis Hinton, provided an alibi for Michael Price at the time of the murder.”

In a related development, defense attorneys last week filed motions asking that the case against Joseph Price, Zaborsky and Ward be “severed” so that each one would have a separate trial.

These and the filings by prosecutors seeking to introduce the S&M-related evidence are expected to be debated at Friday’s court status hearing before Judge Lynn Leibovitz.

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Local

Comings & Goings

David Reid named principal at Brownstein

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David Reid

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 David Reid on his new position as Principal, Public Policy, with Brownstein Hyatt Farber Schreck. Upon being named to the position, he said, “I am proud to be part of this inaugural group of principals as the firm launches it new ‘principal, public policy’ title.”

Reid is a political strategist and operative. He is a prolific fundraiser, and skilled advocate for legislative and appropriations goals. He is deeply embedded in Democratic politics, drawing on his personal network on the Hill, in governors’ administrations, and throughout the business community, to build coalitions that drive policy successes for clients. His work includes leading complex public policy efforts related to infrastructure, hospitality, gaming, health care, technology, telecommunications, and arts and entertainment.

Reid has extensive political finance experience. He leads Brownstein’s bipartisan political operation each cycle with Republican and Democratic congressional and national campaign committees and candidates. Reid is an active member of Brownstein’s pro-bono committee and co-leads the firm’s LGBT+ Employee Resource Group.

He serves as a Deputy National Finance Chair of the Democratic National Committee and is a member of the Finance Committee of the Democratic Governors Association, where he previously served as the Deputy Finance Director.

Prior to joining Brownstein, Reid served as the Washington D.C. and PAC finance director at Hillary for America. He worked as the mid-Atlantic finance director, for the Democratic Senatorial Campaign Committee and ran the political finance operation of a Fortune 50 global health care company.

Among his many outside involvements, Reid serves on the executive committee of the One Victory, and LGBTQ Victory Institute board, the governing bodies of the LGBTQ Victory Fund and Institute; and is a member of the board for Q Street. 

Congratulations also to Yesenia Alvarado Henninger of Helion Energy, president; Abigail Harris of Honeywell; Alex Catanese of American Bankers Association; Stu Malec, secretary; Brendan Neal, treasurer; Brownstein’s David Reid; Amazon’s Suzanne Beall; Lowe’s’ Rob Curis; andCornerstone’s Christian Walker. Their positions have now been confirmed by the Q Street Board of Directors. 

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District of Columbia

D.C. pays $500,000 to settle lawsuit brought by gay Corrections Dept. employee

Alleged years of verbal harassment, slurs, intimidation

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Deon Jones (Photo courtesy of the ACLU)

The D.C. government on Feb. 5 agreed to pay $500,000 to a gay D.C. Department of Corrections officer as a settlement to a lawsuit the officer filed in 2021 alleging he was subjected  to years of discrimination at his job because of his sexual orientation, according to a statement released by the American Civil Liberties Union of D.C.

The statement says the lawsuit, filed on behalf of Sgt. Deon Jones by the ACLU of D.C. and the law firm WilmerHale, alleged that the Department of Corrections, including supervisors and co-workers, “subjected Sgt. Jones to discrimination, retaliation, and a hostile work environment because of his identity as a gay man, in violation of the D.C. Human Rights Act.”

Daniel Gleick, a spokesperson for D.C. Mayor Muriel Bowser, said the mayor’s office would have no comment on the lawsuit settlement. The Washington Blade couldn’t immediately reach a spokesperson for the Office of the D.C. Attorney General, which represents the city against lawsuits.

Bowser and her high-level D.C. government appointees, including Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, have spoken out against LGBTQ-related discrimination.   

“Jones, now a 28-year veteran of the Department and nearing retirement, faced years of verbal abuse and harassment from coworkers and incarcerated people alike, including anti-gay slurs, threats, and degrading treatment,”  the ACLU’s statement says.

“The prolonged mistreatment took a severe toll on Jones’s mental health, and he experienced depression, Post-Traumatic Stress Disorder, and 15 anxiety attacks in 2021 alone,” it says.

“For years, I showed up to do my job with professionalism and pride, only to be targeted because of who I am,” Jones says in the ACLU  statement. “This settlement affirms that my pain mattered – and that creating hostile workplaces has real consequences,” he said.  

He added, “For anyone who is LGBTQ or living with a disability and facing workplace discrimination or retaliation, know this: you are not powerless. You have rights. And when you stand up, you can achieve justice.”

The settlement agreement, a link to which the ACLU provided in its statement announcing the settlement, states that plaintiff Jones agrees, among other things, that “neither the Parties’ agreement, nor the District’s offer to settle the case, shall in any way be construed as an admission by the District that it or any of its current or former employees, acted wrongfully with respect to Plaintiff or any other person, or that Plaintiff has any rights.”

Scott Michelman, the D.C. ACLU’s legal director said that type of disclaimer is typical for parties that agree to settle a lawsuit like this.

“But actions speak louder than words,” he told the Blade. “The fact that they are paying our client a half million dollars for the pervasive and really brutal harassment that he suffered on the basis of his identity for years is much more telling than their disclaimer itself,” he said.

The settlement agreement also says Jones would be required, as a condition for accepting the agreement, to resign permanently from his job at the Department of Corrections. Michelman said Jones has been on leave from work for a period of time, but he did not know how long.  Jones couldn’t immediately be reached for comment.

“This is really something that makes sense on both sides,” Michelman said of the resignation requirements. “The environment had become so toxic the way he had been treated on multiple levels made it difficult to see how he could return to work there.”

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Virginia

Spanberger signs bill that paves way for marriage amendment repeal referendum

Proposal passed in two successive General Assembly sessions

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(Bigstock photo)

Virginians this year will vote on whether to repeal a state constitutional amendment that defines marriage as between a man and a woman.

Democratic Gov. Abigail Spanberger on Friday signed state Del. Laura Jane Cohen (D-Fairfax County)’s House Bill 612, which finalized the referendum’s language.

The ballot question that voters will consider on Election Day is below:

Question: Should the Constitution of Virginia be amended to: (i) remove the ban on same-sex marriage; (ii) affirm that two adults may marry regardless of sex, gender, or race; and (iii) require all legally valid marriages to be treated equally under the law?

Voters in 2006 approved the Marshall-Newman Amendment.

Same-sex couples have been able to legally marry in Virginia since 2014. Former Gov. Glenn Youngkin, who is a Republican, in 2024 signed a bill that codified marriage equality in state law.

Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.

A resolution to repeal the Marshall-Newman Amendment passed in the General Assembly in 2025. Lawmakers once again approved it last month.

“20 years after Virginia added a ban on same-sex marriage to our Constitution, we finally have the chance to right that wrong,” wrote Equality Virginia Executive Director Narissa Rahaman on Friday in a message to her group’s supporters.

Virginians this year will also consider proposed constitutional amendments that would guarantee reproductive rights and restore voting rights to convicted felons who have completed their sentences.

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