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.”
Pride month festivities continue through the end of the month and there’s a new event for Rehoboth/Dewey Beach residents and visitors, Pride on the Bay, set for June 27.
Boaters will tie up at the sandbar near Massey’s Landing from 12-4 p.m. Visit Pride on the Bay’s Facebook page for a map of the exact location. You can rent pontoons for the day at Dewey Beach Watersports (deweybeachwatersports.com).
Aqua Bar & Grill is sponsoring the inaugural event and will provide a floating DJ for the afternoon. Aqua will then host an after-party back on land (57 Baltimore Ave., Rehoboth Beach).
Local part-time resident Brian Sparrow is organizing the gathering, citing the need for more Pride-oriented events at the beach.
“I decided to create an event in June for Pride month,” Sparrow told the Blade. “There aren’t many Pride events in Rehoboth and Dewey where we can take advantage of the Rehoboth Bay.”
He noted that there is another event called “Bay Pride” but that it is held in late summer on a Sunday. “Having the event on Saturday will allow for more boat renting options for visitors and friends to join,” Sparrow said, adding that he plans to make this an annual event.
District of Columbia
McDuffie on LGBTQ support and standing up to Trump
‘I’m committed to governing with the queer community at the table’
Former D.C. Council member Kenyan McDuffie is running for mayor as Muriel Bowser’s third term expires in January. He’s running in a crowded Democratic primary field; recent polls show him in second place behind Council member Janeese Lewis George. D.C.’s primary is Tuesday, June 16.
The Blade sat down with McDuffie on June 8 for a wide-ranging conversation about his pro-LGBTQ record and challenges now facing the community.
The Blade reached out to fellow mayoral candidates Lewis George and Rini Sampath, who identifies as queer, for interviews. Neither responded to repeated requests over several weeks.
Blade: Members of the D.C. LGBTQ community are receiving information that most if not all the seven Democratic candidates for mayor, including you and Council member Janeese Lewis George, are strong supporters of the LGBTQ community. What message would you have for LGBTQ voters on why they should support you rather than one of the other candidates?
McDuffie: Thank you for the question, Lou. And thank you for your work over the years with the Washington Blade. I’m really looking forward to having this conversation. You know, Washington, D.C. is the capital of the United States, and our city is one of the most beautifully diverse and inclusive cities in America because generations of LGBTQ+ residents, advocates, and organizations have fought to make it that way.
And throughout my time on the Council, I’ve been proud to support that work by advancing equity and opportunity and standing up for the rights and dignity of every resident across the District regardless of where they live, who they know, how much money they have. And as mayor, I’m going to build on that progress by ensuring D.C. remains a place where LGBTQ+ residents can live safely, where they can access quality healthcare and housing, they can build families and businesses and thrive in the neighborhoods of our city.
And now more than ever, making sure we protect residents from a hostile federal administration, including President Donald Trump, who seeks to roll back civil rights and civil liberties.
Blade: Some people, including members of the LGBTQ community, have criticized Mayor Bowser for what they say has been her position of not standing up forcefully enough against the Trump administration on various issues, including the deployment of National Guard soldiers in the city. What are your thoughts on that? How would you deal with the Trump administration if you were mayor?
McDuffie: Well, I’m going to deal with the Trump administration by prioritizing D.C. residents first. I’m going to stand up and fight back against federal infringement from Donald Trump and from Republicans in Congress or any other individual or organization that seeks to threaten Washington, D.C. residents.
And that means on day one rescind the executive order that permits cooperation between the Metropolitan Police Department and ICE and DHS [U.S. Department of Homeland Security]. And I know because of my work 13-and-a-half years on the Council doing research, authoring transformational legislation that protects people’s civil rights, that makes the Metropolitan Police Department more transparent, doing things like authoring the landmark NEAR Act [a 2016 D.C. law aimed at reducing violent crime].
I know from that work, and I know from my former work as a civil rights attorney in President Obama’s Department of Justice that you have to fight to ensure that we have a fair and more just society. I did that as a civil rights attorney traveling the country fighting to protect people’s civil rights. I did that as a prosecutor who fought crime and delivered justice for victims.
And I’m going to do that as mayor to ensure that we use every legal and political tool available as mayor to resist any federal effort to roll back LGBTQ+ protections in Washington, D.C. And I’m committed to governing with the queer community at the table and lifting up their contributions to this city at the center of every decision that I make as mayor. You know that I’ve been a champion making Washington, D.|C. more equitable, more just, and economically inclusive. And I plan to continue to build on that work that I have done and the work that so many important people have done in the LGBTQ+ community in Washington, D.C. to make sure that our residents can live safely and thrive in Washington, D.C.
And so, we’re going to fight back against Trump and any hostile federal administration to make sure we’re protecting the residents first. And we will work with the federal government where there is an opportunity to do transformational economic development projects like RFK, transformational infrastructure projects like expanding Union Station. Both of those will create thousands of jobs and thousands of opportunities for D.C.-based small businesses.
But I will draw a very bright line when it comes to protecting the civil rights of individuals across the District of Columbia, including the LGBTQ+ community and our vulnerable neighbors like our immigrant neighbors and families who in many cases today are living in the shadows, afraid to leave their homes, afraid to go to work, afraid to walk their kids to school because they’re being snatched off the streets in safe places around schools and places of worship. And it is utterly despicable what Donald Trump has done and how he’s weaponized our federal law enforcement.
Blade: As a follow-up to that, reports surfaced last year that the mayor had to cut the budget for the Office of LGBTQ Affairs for this year by $600,000 because of a large cut in the city’s budget by Republicans in the U.S. House of Representatives. Would you do something to try to restore the funds that were cut from that office?
McDuffie: Absolutely. I will as mayor fully fund the Mayor’s Office of LGBTQ+ Affairs and direct it to proactively identify gaps in city services while also ensuring that the Office of Human Rights has additional resources to vigorously enforce efforts against discrimination across government agencies and within the private sector where it arises. I am a civil rights attorney by training. And I will bring the full force of the District of Columbia government to bear when it comes to protecting the rights of our residents, including especially our vulnerable communities like LGBTQ+ community.
And we’re going to fully fund the Office of LGBTQ+ Affairs and make sure it is doing the work proactively to identify any gaps in services any gaps in resources that are needed to shore up the supports and services to the community. And that’s been my record on the Council, too. As you know, I’ve supported on the Council marriage equality. That I’ve supported helping to repeal D.C.’s anti-surrogacy laws, expanding opportunities for LGBTQ couples.
You know that I’ve supported polices that recognize diverse family structures and co-introduced and passed the birth certificate equality amendment act. I supported efforts to reduce bureaucratic barriers faced by transgender residents. So, that’s the kind of work that I’ve done as a Council member. And as mayor I’m going to really fight and deliver for our LGBTQ+ neighbors to ensure that they’re supported, seen, heard, continue to be woven into the fabric of our city.
Blade: Do you or your campaign have any plans for participating in any LGBTQ Pride events during Pride month?
McDuffie: Oh, we are going to be not only front and center in marching in the Pride parade but being there as a resources to work directly with the organizers to make sure that they have every single thing that they need to build on the strong legacy of Washington, D.C.’s Pride community and all the festivities that are associated with it. I was so proud to stand on the steps of the Wilson Building last year for WorldPride and announce what Washington, D.C. does and how we do it and why we’re so special as a city. And when it comes to supporting Pride this year, I’m going to be right there marching with everybody else and ensuring that the longstanding relationships with the LGBTQ community across the District of Columbia are shown and displayed as our nation’s capital sets the example of what it looks like to really protect the beautiful diversity that we have in our city.
Blade: People have been talking about the poll just released by the Washington Post showing you to be 11 points behind Janeese Lewis George in the race for mayor. Do you have any reaction to that?
McDuffie: Well, what the poll shows is that I have the broadest coalition of support across the District of Columbia. Because I continue to show up and meet residents where they are. That demonstrates whether you are a longtime resident or whether you are Black or white or a member of the LGBTQ+ community. My support in the District of Columbia is deep, and it is broad.
Because I will govern as mayor in the way I have led as a Council member, which is by building the broadest coalition possible, walking across differences and really coming out with solutions to address intractable issues. So, I know that Washington, D.C. has been a national leader when it comes to protecting civil rights and ensuring fairness and justice. And I’ve been one of the people who led on those issues, making our city more racially equitable, more socially just, and more economically inclusive.
Blade: As you know, some of your critics have been trying to link you to the Pepco electric rate increase and for being responsible for higher utility costs. Do you have a response to that?
McDuffie: They try to link me to a number of things that are a part of what is a widespread disinformation campaign much like what we’ve seen on a national level from Trump and other Republicans. I don’t accept it. I think the fact that I’ve been elected four times in the District of Columbia, I demonstrate my ability to work with residents across the District of Columbia to get things done.
When it comes to utilities, I’m going to fight to lower utilities costs for residents, ensuring that we expand renewables and alternative energy sources, recognizing that Janeese Lewis George was the only Council member who voted against expanding solar a couple of years ago. But I’m also going to make sure that we have automatic enrollment for individuals in the District of Columbia who are having trouble paying for the utilities. I will make sure we protect seniors who are feeling a squeeze when it comes to being able to pay for utilities …
And we’re going to make sure that everybody understands why their energy bill is going up and push back against disinformation, so that they understand that a lot of what we’re seeing in increased utility bills, which I also face with my wife, is driven by demand on the regional grid at PJM. It is the data centers that are driving up our costs and lowering supplies. I’m going to hold those data centers accountable to pay their fair share for how they are contributing to the increase in utility costs that residents across the District of Columbia and across the region are seeing on their Pepco bills.
Blade: Thank you for your time. Do you have anything else you may wish to say to conclude your remarks?
McDuffie: Just to be clear that the disinformation campaign that Janeese Lewis George and her supporters are waging is one of the lowest political tactics that we’ve seen in D.C. politics. But she is banking on voters who are not doing their research. And what I know is that D.C. voters are smart. They know me from my work on the Council. And they know I am better qualified on day one to stand up and fight back against Trump to protect home rule and to deliver a city that is safer, that is more affordable and deliver a government that is more accountable and works for residents across the District of Columbia.
District of Columbia
David Archuleta, Monroe Alise named D.C. Pride parade marshals
Honorees ‘live authentically’ and ‘power of sharing your story’
The Capital Pride Alliance has announced that David Archuleta and Monroe Alise will be the grand marshals for the Pride parade on June 20.
Ryan Bos, the Capital Pride Alliance’s president, said the two were chosen for the way that they exemplify the theme “Exist. Resist. Have the Audacity!”
Archuleta is the “American Idol” season 7 runner-up and a strong supporter of the LGBTQ community.
He grew up religious and has been clear about his struggle to reconcile his faith, identity, and self-expression. In 2021, he publicly came out and has since been a major voice for LGBTQ visibility and acceptance. This year, Archuleta published the memoir “Devout,” which details his lived experience as a closeted Mormon teenager.
Alise is a transgender advocate and a D.C. native.
She has appeared in the shows “P-Valley” and “The Chi.” She also grew a major online following through her social media series “I’m CLOCKABLE,” where she discusses topics such as dating, culture, and self-discovery from the perspective of a queer person.
“Together, they represent to live authentically and the power of sharing your story to create change,” Bos said in a statement.
As grand marshals, the two will kick off celebrations leading up to the parade and participate in it. Alise will join the Crack of Noon Parade Brunch from 12-3 p.m. at Viceroy Washington, alongside honorees such as D.C. Mayor Muriel Bowser.
The parade will kick off at 3 p.m. at the intersection of 14th and T Streets, N.W., before moving straight down 14th Street and ending at Pennsylvania Avenue at 7 p.m. The parade is free for anyone to watch at designated viewing areas.
More information about celebrations throughout Pride and the parade can be found at www.capitalpride.org.
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