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Sexual assault may be dropped in Wone murder case

The lead prosecutor in the Robert Wone murder case startled courtroom
 spectators last

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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.”

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District of Columbia

Judge issues revised order in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Lou Chibbaro, Jr.)

A D.C. Superior Court judge on April 30 reinstated an anti-stalking order requested by the Capital Pride Alliance against local gay activist Darren Pasha based on allegations that Pasha engaged in a year-long effort to harass, intimidate, and stalk the organization’s staff, board members, and volunteers.

The reinstated order by Judge Robert D. Okun followed an April 17 court hearing in which he rescinded a similar order he initially approved in February on grounds that more evidence was needed to substantiate the need for the order.   

At the time he rescinded the earlier order he scheduled an evidentiary hearing for April 29 at which three Capital Pride staff members testified in support of the anti-stalking order. But Okun discontinued the hearing after Pasha, who was representing himself without an attorney, announced he was willing to accept a revised, less restrictive temporary restraining order.

The judge said Pasha’s decision to accept a restraining order made it no longer necessary to continue the evidentiary hearing. He then asked Capital Pride and Pasha to submit their suggested revisions for the order which they submitted a short time later.

The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a civil complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride staff, board members, and volunteers. It includes a 167-page addendum of “supporting exhibits” that includes multiple statements by unidentified witnesses.

Pasha, who has represented himself without an attorney, has argued in multiple court filings and motions that the stalking allegations are untrue. In his initial court response to the complaint, he said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.

Similar to his earlier anti-stalking order against Pasha, Okun’s reissued order on April 30 states, a “Temporary Anti-Stalking Order is GRANTED, effective immediately and remaining in effect until further order of the Court or final disposition of this matter.”

It adds, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communication, or any other means.”

Unlike the earlier order, which did not identify the “protected persons” by name, the latest order includes a list of 34 people, 13 of whom are Capital Pride staff members or volunteers, including CEO Ryan Bos and Chief Operating Officer June Crenshaw. The other 21 people listed are identified as Capital Pride board members, including board chair Anna Jinkerson.

Possibly because Pasha addressed this in his suggested version of the order, the judge’s revised order says Pasha is allowed to visit the D.C. LGBTQ+ Community Center, where the Capital Pride office is located, if he gives the community center a 24 hour advance notice that he will be visiting the center, which hosts many events unrelated to Capital Pride. The earlier order required him to stay at least 100 feet away from the Capital Pride office.

The new order also prohibits Pasha from attending 21 named events that Capital Pride Alliance either organizes itself or with partner organizations that were scheduled to take place from April 30 through June 21. The order says he is allowed to attend the two largest events, the June 20 Pride Parade and the June 21 Pride Festival and Concert, in which 500,000 or more people are expected to attend.

It says Pasha is also allowed to attend the June 15 Pride At The Pier event organized by the Washington Blade.

But for those three events the order says he is restricted from entering “ticketed and controlled access areas.”

At the April 29 court hearing, Okun also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the civil complaint case brought by Capital Pride without going to trial. 

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District of Columbia

Both sides propose revised orders in Capital Pride stalking case

Defendant Darren Pasha agreed to accept less restrictive directive

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Darren Pasha (Washington Blade photo by Michael Key)

An evidentiary hearing in D.C. Superior Court on April 29 in which the Capital Pride Alliance presented three of four planned witnesses to testify in support of its civil complaint that D.C. gay activist Darren Pasha engaged in a year-long effort to harass, intimidate, and stalk its staff, board members, and volunteers ended abruptly at the direction of the judge.

Judge Robert D. Okun announced from the bench that the hearing, which was intended provide Capital Pride an opportunity to present evidence in support of its request to reinstate an anti-stalking order against Pasha that the judge temporarily rescinded on April 17, was no longer needed because Pasha stated at the hearing that he is willing to accept a revised, less restrictive temporary restraining order.

Pasha made that statement after two Capital Pride witnesses — June Crenshaw and Vincenzo Volpe — each testified in support of the stalking allegations against Pasha for over an hour under questioning from Capital Pride attorney Nick Harrison and under cross-examination from Pasha, who is representing himself without an attorney.

After Capital Pride’s third witness, Tifany Royster, testified for just a few minutes, and after the judge called a recess for lunch and to attend to an unrelated case, Pasha announced that after obtaining legal advice he determined that he was unsuited to continue cross-examining the witnesses. He said he would be willing to accept a significantly less restrictive temporary restraining order.

Okun then ruled that the evidentiary hearing was no longer needed and directed Capital Pride and Pasha to submit to him their version of a revised stay away order. He said he would use their proposed revisions to help him develop his own order, which he would issue after deliberating over the matter.

He also scheduled a mandatory remote mediation session for July 23, in which efforts would be made to resolve the case without going to trial. He then adjourned the hearing at 3:50 p.m.

The online Superior Court docket for the case stated after the hearing ended that the judge would issue “a new modified Temporary Protective Order,” but it did not say when it would be issued.   

Shortly before the April 29 hearing began at 11 a.m., Harrison filed a “Draft Temporary Anti-Stalking Order” that included a list of 34 “Protected Persons” that Harrison said during the hearing were affiliated with Capital Pride Alliance as staff and board members, volunteers, and others associated with the group.

The proposed order stated, “The defendant shall not contact, attempt to contact, harass, threaten, or otherwise communicate with any protected person, directly or indirectly, including through third parties, social media, electronic communications, or any other means.”

The proposal represented a significant change from Capital Pride’s initial civil complaint against Pasha filed in February that Pasha claimed called for him to stay away at least 200 yards from all Capital pride staff, board members, and volunteers without naming them. Okun granted that stay away request in February but reduced the stay away distance to 100 feet.

Capital Pride attorney Harrison disputes Pasha’s interpretation of the order, saying the 100-foot stay-away was for events, not for individual Capital Pride staff, volunteers, or board members. He said the order prohibited Pasha from engaging in any way with the Capital Pride staffers, volunteers or board members.

But the proposed order Capital Pride at first submitted at the April 29 hearing  also called for Pasha to stay away from and to not attend as many as 25 Capital Pride events scheduled to take place this year from April 30 through June 21 and for him to say away from the Capital Pride office located at 1827 Wiltberger St., N.W., which is the building in which it shares with the DC LGBTQ Community Center.

At the April 29 hearing, at Pasha’s request, Okun called on Capital Pride to consider allowing Pasha to attend at least the two largest events — the Capital Pride Parade and Festival — which draw over 500,000 participants.

Harrison said in a follow-up message to the judge following the hearing that Capital Pride would allow Pasha to attend those two events and one other as long as he stays away from “ticketed and controlled access areas.”

At an April 17 status hearing Okun rescinded the earlier stay away order at Pasha’s request, among other things, on grounds that it was too vague and didn’t provide Pasha with sufficient specific information on who to stay away from. It was at that hearing that Okun scheduled the April 29 evidentiary hearing, saying it would give Capital Pride a chance to provide sufficient evidence to justify an anti-stalking order and Pasha an opportunity to challenge the evidence.  

In his own response to the initial civil complaint filed in February and in subsequent court filings, Pasha has strongly denied he engaged in stalking and has alleged that the complaint was a form of retaliation against him over a dispute he has had with Capital Pride and its former board president, Ashley Smith.

Like its initial complaint filed in February, Capital Pride filed a multipage document at the start of the April 29 hearing with written testimony from staff members and volunteers who allege that Pasha did engage in stalking, harassment, and intimidating behavior toward them and others.

Like Capital Pride, Pasha following the April 29 hearing, filed his own proposed version of the stay away order with significantly less restrictions than the Capital Pride proposal. Among other things, it calls for him to restrict his contact with Capital Pride CEO Ryan Bos and Crenshaw but says it “does not by its terms restrict the defendant’s communications with any other person, entity, governmental body, or media outlet.”

“Darren Pasha sent multiple messages to us and to the court after the proceedings asking for further modifications — which we are not accepting or responding to,” Harrison told the Blade in response to a request for further comment on Judge’s request for each side to submit proposed revisions of the stay away order.

“We appreciate the court’s time and careful attention to the evidence presented today,” Harrison told the Washington Blade in a written statement after the hearing. “This process was about bringing forward the experiences of individuals who reported a pattern of conduct that caused fear, serious alarm, and emotional distress,” he said.

“Capital Pride Alliance remains committed to ensuring that our events and community spaces are safe, welcoming, and free from harassment and we will continue to take appropriate steps to support and protect our community,” his statement says.

“I am happy with what we have accomplished so far,” Pasha told the Blade after the hearing.  “I’m just waiting to see what will happen next. But I want to reiterate this goes back to when someone treats you wrong you speak up,” he said. “Even if I lose this case, I am glad that I spoke up and raised concerns.”

He added, “I will just be confident that in the next couple of months the truth will come out. But for now, I am happy with the progress that we have made regarding this.”

This story will be updated when the judge issues his revised stay away order.

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Rehoboth Beach

Rehoboth’s Blue Moon sold; new owners to preserve LGBTQ legacy

‘They don’t want to change a thing’

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The Blue Moon in Rehoboth Beach was sold. (Washington Blade photo by Michael Key)

The iconic Blue Moon restaurant and bar in Rehoboth Beach, Del., has been sold to new owners who have pledged to keep it an LGBTQ-affirming space, according to longtime owner Tim Ragan.

Ragan and his partner Randy Haney sold the Blue Moon to Dale Lomas and Mike Subrick, owners of Atlantic Liquors on Route 1. 

“They don’t want to change a thing,” Ragan said. “They’re local people, they live here. Dale worked his first job at Dolle’s.”

Ragan and Haney did not sell the business, only the real estate. The deal includes a 10-year lease with renewal options under which Ragan and Haney will continue to operate the Moon. He noted that the couple could opt to sell the business at any time.

“It’s going really well so I’m not in any hurry,” Ragan told the Blade. “It’s hard to run a business and manage a property that’s 120 years old — now someone else has to fix the air conditioning. Our responsibility will be to run the business.”

Ragan offered reassurances that the Moon will continue to be a gay-friendly destination.

“Dale’s comment was that Rehoboth has been good to us and we just want to give back. The Moon is part of Rehoboth’s history and we want to preserve that.”

He said there are no immediate changes planned for the structure, apart from a new roof in the atrium that was damaged in a hail storm. Ragan noted that the property comes with several apartment rental licenses that they have never exercised and the new owners may decide to rent those out.

The Blue Moon business, at 35 Baltimore Ave., dates to 1981 and is an integral part of Rehoboth’s LGBTQ community, hosting countless entertainment events, drag shows, and more over 45 years. Local residents have celebrated birthdays, anniversaries, weddings, and other special occasions in the acclaimed restaurant. 

The two buildings associated with the sale were listed by Carrie Lingo at 35 Baltimore Ave., and include an apartment, the front restaurant (6,600 square feet with three floors and a basement), and a secondary building (roughly 1,800 square feet on two floors). They were listed for $4.5 million. The bar and restaurant business were being sold separately. 

But then, earlier this year, the Blue Moon real estate listing turned up on the Sussex County Sheriff’s Office auction site. The auction was slated for Tuesday, April 21 but hours before the sale, the listing changed to “active under contract” indicating that a buyer had been found but the sale was not yet final.

Ragan said the issue was the parties couldn’t resolve how much was owed due to a disagreement with the bank. “We didn’t owe $3 million,” he said. “We said we’re not paying any more until we sell.” 

The sale contract was written five months ago. It took three attorneys to get a payoff amount agreed to by the bank, he added.

“No one wanted to buy both things. We now have a longterm lease. We couldn’t be happier.”

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