Local
Sexual assault may be dropped in Wone murder case
The lead prosecutor in the Robert Wone murder case startled courtroom spectators last
The lead prosecutor in the Robert Wone murder case startled courtroom spectators last week when he said the government would likely drop its theory that Wone was immobilized by a paralytic drug and sexually assaulted before being stabbed to death in the Dupont Circle home of three gay men.
The disclosure by Assistant U.S. Attorney Glenn Kirschner at a D.C. Superior Court hearing March 12 drew visible sighs of relief from defendants Joseph Price, Victor Zaborsky and Dylan Ward. Price gave a thumbs-up signal to his attorney, Bernard Grimm.
“This appears to be a major victory for the defense,” said D.C. attorney Dale Sanders, who practices criminal law in the District.
Sanders said that by withdrawing its earlier contention that Wone was sexually assaulted and drugged, prosecutors would make it easier for the defense to promote their own contention that an unidentified intruder killed Wone after entering the home of the three gay men through a rear door.
The men have been indicted on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with the August 2006 murder. Authorities have yet to charge anyone with the murder itself. The trial is scheduled to begin May 10.
Kirschner told D.C. Superior Court Judge Lynn Leibovitz that prosecutors were still considering introducing other evidence at trial considered highly controversial: a collection of S&M sex toys seized by police from Ward’s bedroom, which prosecutors have said was located across the hall from where Wone was found stabbed in a second-floor guest bedroom.
Wone, a prominent Washington attorney, was friends with the three men and spending the night at their home after working late in his downtown office, the men and members of Wone’s family have said. Wone was married to a woman, and his family members said he was straight.
Leibovitz said she had yet to see sufficient evidence presented by prosecutors to justify the introduction of the “devices” at trial. She noted that defense attorneys presented arguments as to why such evidence was not relevant to the case and how it would be prejudicial to the jury.
She directed prosecutors to file a motion before April 2 explaining their rationale for introducing such evidence and said she would rule on its admissibility at that time.
Leibovitz denied a motion by the defense asking the court to order prosecutors to release more details surrounding their evidence and theories in the case, saying the government has complied with all “discovery” requirements for informing the defense of its evidence.
Last week’s hearing followed a court motion filed by prosecutors in February seeking permission to introduce evidence at trial that Price, Zaborsky and Ward engaged in possible criminal conduct not identified in the charges pending against them. Some of the alleged conduct cited in the court filing pertained to the use of S&M-related restraining devices as well as devices used to administer electrical shocks to a person’s genitals.
“Are you planning to tell the jury that he was sexually assaulted, restrained,” that sex toys were used on him and he was injected with something? Leibovitz asked Kirschner.
“We’re moving away from the sexual assault proof,” Kirschner replied. But he said prosecutors still planned to offer some evidence that “restraints” were found in Ward’s bedroom.
In response to another assertion made by prosecutors in their February court filing — that “the killer is someone known to and being protected” by Price, Zaborsky and Ward — Leibovitz asked Kirschner, ” Do you plan to say one or all of these men killed Wone?”
“Not directly,” Kirschner replied.
He said prosecutors also plan to present evidence from the autopsy of needle marks on Wone’s body, including marks he noted the government’s medical experts would show were not made by emergency medical technicians who arrived at the scene and tried to revive Wone.
Kirschner disclosed at the hearing that he had submitted a letter to the defense earlier in the day, which he also filed with the court, saying that the government obtained new information from medical experts that appeared to raise doubts over whether Wone had been sexually assaulted or immobilized by a paralytic drug.
Authorities first raised that theory in a lengthy criminal complaint filed at the time police brought criminal charges against the three men for obstruction of justice and evidence tampering.
The complaint cited an autopsy finding showing that Wone suffered three surgical-like, clean stab wounds in the chest and abdomen that could only have occurred if he were lying completely still. The complaint, and subsequent arguments by prosecutors, claimed that a person being stabbed would be expected to recoil in pain or move in a defensive way, causing the wounds to be jagged or distorted.
Prosecutors said a paralytic drug must have been administered to Wone to render him immobile, but they acknowledged that the autopsy and subsequent chemical tests could not find traces of such a drug in Wone’s body. They argued that the type of anesthesia-like drug in question usually dissipates quickly and cannot be detected in tests.
But defense attorneys say in their own court filings that they would present expert witnesses to show that such drugs are detectable in tests, and the government’s inability to detect such a drug shows it was never administered.
According to prosecutors, the sexual assault theory was based on another finding in the autopsy that traces of Wone’s semen were found inside his rectum. The defense later argued that its own experts would show that the semen had no sperm cells, indicating it was secreted naturally by the body after Wone died, as muscles relax during the post mortem processes.
Sanders said that although the apparent decision by prosecutors to put aside their earlier sexual assault and paralytic drug theory is a blow to the prosecutors’ case, other evidence obtained against the three men remains significant and strong.
He noted, among other things, that investigators found traces of blood in the lint trap of the men’s clothes dryer and in a drain outside the house; findings by evidence technicians that someone cleaned the crime scene by attempting to wipe blood spattered near the body; and that the bloody kitchen knife that the men said they found near Wone’s body bore fibers from a towel, indicating to evidence experts that Wone’s blood was wiped onto knife blade by someone, with another knife likely used to kill Wone.
Authorities also have said Wone appeared to have been dead a significant period of time before Zaborsky called 911 to report a stabbing; and rescue workers reported finding very little blood on Wone’s chest and body, indicating that someone cleaned the body before police and rescue workers were called, according to the police affidavit.
“They won this battle, but the war doesn’t look good for them,” Sanders said. “You can’t lose track of the big picture, which doesn’t look good for these guys.”
Virginia
Woman arrested for anti-gay assault at Alexandria supermarket
Victim recorded video of Christmas Day attack
Alexandria police announced on Jan. 12 that a Maryland woman has been arrested for allegedly assaulting a man while shouting anti-gay slurs at him at a Giant supermarket in Alexandria on Christmas Day.
The arrest came after a video of the assault that the victim captured with his phone and on which the woman can be heard shouting anti-gay slurs went viral on social media.
Police identified the woman as Shibritney Colbert, 34, of Landover, Md. Alexandria Police Chief Tarrick McGuire stated at a news conference that police responded to a 911 call placed by the victim and attempted to apprehend the woman, but she drove off in her car before police could apprehend her.
He said following an investigation, Colbert was apprehended and arrested in Prince Goerge’s County, Md., on Jan. 8. He said arrangements were being made for her to be brought to Alexandria where she was expected to face charges of assault and battery, destruction of property, felony eluding, and driving an unregistered vehicle.
The video of the incident shows Colbert pushing a shopping cart she was using in an aisle at the Giant store, located at 3131 Duke St., into the victim and another woman who was trying to help the victim. She can be seen throwing groceries at the victim while shouting anti-gay names. “Boy, get out of here with your gay ass,” was among the words she yelled at him that could be heard on the video.
The victim, who police identified only as a 24-year-old man, could be heard on the video saying he does not know the woman and urging her to “please back up.”
“Based on the victim’s statement, comments exchanged prior to the assault, and the totality of the circumstances, investigators believe the victim was targeted because of his sexual orientation,” police said in a statement.
Tarrick said Colbert’s arrest came at a time when Alexandria police were completing a strengthened hate crime policy calling for detectives to investigate crimes based on hate and for the department to prepare reports on hate crimes twice a year.
“Hate crimes are not just crimes against individuals, they are offenses that threaten the entire community and undermine the fundamental principles of dignity, equality, and safety,” Tarrick said.
Alexandria police didn’t immediately respond to a request from the Washington Blade for a copy of the official police report on the incident.
A link to the video posted on the social media site Reddit in which an unidentified man provides some details of the attack, can be accessed here:
Virginia
Mark Levine running in ‘firehouse’ Democratic primary to succeed Adam Ebbin
Outgoing gay Va. state senator has endorsed Elizabeth Bennett-Parker
Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) is one of four candidates running in a hastily called “firehouse” Democratic primary to be held Tuesday, Jan. 13, to select a Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria)
Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the administration of Gov.-elect Abigail Spanberger.
The Jan. 13 primary called by Democratic Party leaders in Alexandria and Arlington will take place less than a week after Ebbin announced his planned resignation.
According to the Community News of Alexandria publication, a public debate between the four candidates was scheduled to take place one day earlier on Monday, Jan. 12, from 7-9 p.m. at the Charles Houston Recreation Center in Alexandria.
The winner of the so-called firehouse primary will compete in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state Senate.
The other candidates competing in the primary on Tuesday, in addition to Levine, include state Del. Elizabeth Bennett-Parker, former Alexandria Vice Mayor Amy Jackson, and World Wildlife Fund executive Charles Sumpter.
Another Alexandria news publication, ALXnow, reports that Ebbin, Spanberger, and at least four other prominent Democrats in the Virginia General Assembly have endorsed Bennett-Parker, leading political observers to view her as the leading contender in the race.
“I have worked alongside Elizabeth and have seen her fight for the values of our community,” Ebbin said in a statement, ALXnow reports.
Arlington gay Democratic activist TJ Flavall said Parker-Bennett has attended LGBTQ community events and is known as an LGBTQ ally.
Ebbin’s endorsement of Bennett-Parker over fellow gay politician Levine in the Jan. 13 firehouse primary follows what observers have said is a longstanding rivalry between the two over disagreements around legislative issues.
In 2021, Ebbin endorsed Parker-Bennett when she challenged Levine in the Democratic primary for his House of Delegates seat in the then 45th House District in Alexandria.
Parker-Bennett defeated Levine in that race at a time when Levine, in an unusual move, also ran for the position of lieutenant governor. He also lost that race.
ALXnow reports that in his Facebook announcement of his candidacy for Ebbin’s state Senate seat Levine discounted the relevance of the large number of prominent endorsements that Parker-Bennet has received. In campaigns that last for just a few days rather than weeks or months, “it’s about turnout,” ALX now quoted him as saying.
Levine, an attorney, has a longstanding record as an LGBTQ rights advocate. He worked as a legislative counsel to gay former U.S. Rep. Barney Frank (D-Mass.) before becoming a radio talk show host and TV political commentator in Virginia prior to his election to the Virginia House of Delegates.
The firehouse primary on Jan. 13, which is open only to voters with identification showing they live in the 39th District, will take place from 8:30 a.m. to 7 p.m. in these locations:
Alexandria: Charles E. Beatley, Jr. Public Library, 5005 Duke St.; and the Charles Houston Recreation Center, 901 Wythe St.
Arlington: Aurora Hills Library, 735 18th St. S.
Annandale: New John Calvin Presbyterian Church, 6531 Columbia Pike
Virginia
Gay Va. State Sen. Ebbin resigns for role in Spanberger administration
Veteran lawmaker will step down in February
Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.
Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.
His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.
“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.
She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.
“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.
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