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.”
District of Columbia
High cost of living shuts essential workers out, threatens D.C.’s economic stability
City residents don’t always reflect those who keep it running
When Nic Kelly finishes her 6 a.m. shift as a manager at PetSmart, she walks to her bartending job at Alamo Drafthouse in Crystal City to serve cocktails, beers, and milkshakes for hundreds of guests.
Kelly, 26, doesn’t work a combined 60-65 hours per week to pocket extra cash –– she does it to barely make her almost $1,700 rent each month.
“I’m constantly working, and some days I work two jobs in the same day,” Kelly said. “But twice now I’ve had to borrow money from my mother just to make sure I pay my full rent.”
Yesim Sayin, D.C. Policy Center executive director, said this is unfortunately how the D.C. area is structured –– to keep essential workers, service employees, and lower-income people out and those with greater economic mobility in.
The DMV area’s high cost of living makes it near-impossible for employees who keep the area running to make a living, Sayin said. In 2022, only 36% of D.C.’s essential workers lived in the city, according to a D.C. Policy Center report. D.C. is also ranked 13th in the world for highest cost of living as of Nov. 7.
But for Sayin, there’s more work for policymakers to get done than simply acknowledging the high cost of living. Take a look at how current policies are impacting residents, and what long-term solutions could help the DMV thrive.
Feeling the high cost of living
D.C. has the highest unemployment rate in the country at 6.0% as of August. Sayin said the city’s high unemployment rate reflects a lack of geographic mobility in its population, meaning those who can’t find jobs can’t afford to look outside of the DMV area.
Though there are job training groups working to close the unemployment gap, securing a job –– let alone two –– rarely guarantees a comfortable lifestyle for essential and service employees.
A single-person household in D.C. with no children must make at least $25.98 an hour to support themselves, according to the Living Wage Calculator. That number jumps to $51.68 an hour for a single adult with one child. Minimum wage in D.C. is $17.95 an hour and $10 an hour for tipped employees.
Whether it’s utilizing free meals at the Alamo to save on groceries or borrowing money to make rent, every week could bring a different sacrifice for Kelly.
While Kelly lives and works a few minutes south of D.C., Sayin said the connectedness of the DMV means you don’t have to travel far to feel the withering effects of the area’s high cost of living.
“People don’t really care what flag adorns their skies,” Sayin said. “They’re looking for good housing, good schools, cheaper cost of living, and ease of transportation.”
For those that stay in the DMV area, those conditions are hard to come by. This can lead to people working multiple jobs or turning to gigs, such as Uber driving or selling on Etsy, to fill income gaps. Sayin said there are short-term benefits to securing these gigs alongside a primary job, such as helping people weather economic storms, avoid going on government assistance or racking up debt.
But she said the long-term implications of relying on gigs or other jobs can harm someone’s professional aspirations.
“You can spend three extra hours on your own profession every work week, or you can spend three hours driving Uber. One gives you cash, but the other gives you perhaps a different path in your professional life,” Sayin said. “And then 20 years from now, you could be making much more with those additional investments in yourself professionally.”
There’s a strong demand for work in D.C., but when the city starts suffering economically, those who live outside the area –– usually essential or remote workers –– will likely find work elsewhere. Sayin said this negatively impacts those employees’ quality of life, giving them less professional tenure and stability.
D.C.’s cost of living also centralizes power in the city, according to Sayin. When lower-wage employees are priced out, the residents who make up the city don’t always reflect the ones who keep it running.
“Ask your Amazon, Uber or FedEx driver where they live. They’re somewhere in Waldorf. They’re not here,” Sayin said.
Working toward an accessible D.C.
Build more. That’s what Sayin said when thinking of ways to solve D.C.’s affordability crisis.
But it’s not just about building more –– it’s about building smartly and utilizing the space of the city more strategically, Sayin said.
While D.C. has constructed lots of new housing over the years, Sayin noted that they were mostly built in a handful of neighborhoods tailored to middle and upper-class people such as The Wharf. Similarly, building trendy small units to house young professionals moving to the city take up prime real estate from struggling families that have much less geographic mobility, she said.
“The affordability problem is that today’s stock is yesterday’s construction,” Sayin said.
Solving these issues includes ushering in a modern perspective on outdated policies. Sayin cited a D.C. policy that places restrictions on childcare centers built on second floors. Since D.C. parents pay the highest rates in the country for childcare at $47,174 annually, she said loosening unnecessary restrictions could help fuel supply and lower costs for families.
Sayin said policymakers need to consider the economic challenges facing residents today, and whether the incentives and tradeoffs of living in D.C. are valuable enough to keep them in the city.
For Kelly, the incentives and tradeoffs of staying in the DMV area aren’t enough. She’s considered moving back in with her mom a few times given how much she has to work just to get by.
Aside from wanting higher compensation for the work she does –– she noted that businesses can’t operate without employees like her –– Kelly also questioned the value of the tradeoff of moving so close to the city.
“There’s no reason why I’m paying $1,700 for a little studio,” Kelly said. “You also have to pay for parking, utilities aren’t included and a lot of residents have to pay for amenities. We are just giving these property management companies so much money, and we’re not really seeing a whole lot of benefit from it.”
Sayin said placing value on the working people of the city will inject fresh life into D.C.’s economy. Without a valuable tradeoff for living in or around the city, there’s little keeping essential and service employees from staying and doing work taken for granted by policymakers.
District of Columbia
Activist hosts Diwali celebration in D.C.
More than 120 people attended Joshua Patel’s party on Nov. 9.
LGBTQ activist and businessman Joshua Patel hosted a community Diwali party on Nov. 9.
Patel organized the event as a community gathering amid the Trump-Vance administration’s policies against LGBTQ inclusion and DEI. The event, held at the Capo Deli speakeasy, drew more than 120 attendees, including local business leaders.
Patel is a franchise owner of ProMD Health, recently awarded as the best med spa by the Washington Blade. He is also a major gift officer at Lambda Legal.
Patel noted that upon moving from New York to Washington in 2022, he desired a chance for community-based Diwali celebrations. He stated that the city offered minimal chances for gatherings beyond religious institutions, unless one was invited to the White House’s Diwali party.
“With our current administration, that gathering too has ended — where we cannot expect more than Kash Patel and President Trump lighting a ‘diya’ candle on Instagram while simultaneously cutting DEIB funding,” Patel said.
In addition to celebrating the festival of lights and good over evil, Patel saw the event as a moment to showcase “rich, vibrant culture” and “express gratitude.”
Patel coined the celebration a “unifier.”
“From a spiritual angle, Shiva was the world’s first transgender God, taking the form of both “male” and “female” incarnations,” Patel said. “The symbolism of our faith and concepts are universal and allows for all to rejoice in the festivities as much or little as they desire.”
Savor Soiree, DMV Mini Snacks and Capo Deli catered the event. DJ Kush spun music and Elisaz Events decorated the Diwali celebration.
The Diwali party also featured performances by former Miss Maryland Heather Young Schleicher, actor Hariqbal Basi, Patel himself and Salatin Tavakoly and Haseeb Ahsan.
Maryland
Harford school board appeals state’s book ban decision to circuit court
5-2 ruling in response to ‘Flamer’ directive
By KRISTEN GRIFFITH | Marking a historic moment in Maryland’s debate over school library censorship, Harford County’s school board voted Thursday to appeal the state’s unprecedented decision overturning its ban of a young adult graphic novel, pushing the dispute into circuit court.
The 5-2 vote followed a recent ruling from the state board overturning Harford’s ban of the book “Flamer.” In a special meeting Thursday afternoon, board members weighed whether to seek reconsideration or take the matter to circuit court — ultimately opting to appeal.
The book “Flamer” is by Mike Curato, who wrote about his experience being bullied as a kid for being gay.
The rest of this article can be found on the Baltimore Banner’s website.
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