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
Va. activists preparing campaign in support of repealing marriage amendment
Referendum about ‘dignity and equal protection under the law’
Virginia voters in November will vote on whether to repeal their state’s constitutional amendment that defines marriage as between a man and a woman.
Democratic Gov. Abigail Spanberger on Feb. 6 signed House Bill 612 into law. It facilitates a referendum for voters to approve the repeal of the 2006 Marshall-Newman Amendment. Although the U.S. Supreme Court’s Obergefell ruling extended marriage rights to same-sex couples across the country in 2014, codifying marriage equality in Virginia’s constitution would protect it in the state in case the decision is overturned.
Maryland voters in 2012 approved Question 6, which upheld the state’s marriage equality law, by a 52-48 percent margin. Same-sex marriage became legal in Maryland on Jan. 1, 2013.
LGBTQ advocacy groups and organizations that oppose marriage equality mounted political campaigns ahead of the referendum.
Equality Virginia has been involved in advancing LGBTQ rights in Virginia since 1989.
Equality Virginia is working under its 501c3 designation in conjunction with Equality Virginia Advocates, which operates under a 501c4 designation, to plan campaigns in support of repealing the Marshall-Newman Amendment.
The two main campaigns on which Equality Virginia will be focused are education and voter mobilization. Reed Williams, the group’s director of digital engagement and narrative, spoke with the Washington Blade about Equality Virginia’s plans ahead of the referendum.
Williams said an organization for a “statewide public education campaign” is currently underway. Williams told the Blade its goal will be “to ensure voters understand what this amendment does and why updating Virginia’s constitution matters for families across the commonwealth.”
The organization is also working on a “robust media and voter mobilization campaign to identify and turn out voters” to repeal Marshall-Newman Amendment. Equality Virginia plans to work with the community members to guarantee voters are getting clear and accurate information regarding the meaning of this vote and its effect on the Virginia LGBTQ community.
“We believe Virginia voters are ready to bring our constitution in line with both the law and the values of fairness and freedom that define our commonwealth,” said Equality Virginia Executive Director Narissa Rahaman. “This referendum is about ensuring loving, committed couples and their families are treated with dignity and equal protection under the law.”
The Human Rights Campaign has also worked closely with Equality Virginia.
“It’s time to get rid of outdated, unconstitutional language and ensure that same sex couples are protected in Virginia,” HRC President Kelley Robinson told the Blade in a statement.
District of Columbia
D.C. police arrest man for burglary at gay bar Spark Social House
Suspect ID’d from images captured by Spark Social House security cameras
D.C. police on Feb. 18 arrested a 63-year-old man “of no fixed address” for allegedly stealing cash from the registers at the gay bar Spark Social House after unlawfully entering the bar at 2009 14th St., N.W., around 12:04 a.m. after it had closed for business, according to a police incident report.
“Later that day officers canvassing for the suspect located him nearby,” a separate police statement says. “63-year-old Tony Jones of no fixed address was arrested and charged with Burglary II,” the statement says.
The police incident report states that the bar’s owner, Nick Tsusaki, told police investigators that the bar’s security cameras captured the image of a man who has frequently visited the bar and was believed to be homeless.
“Once inside, the defendant was observed via the establishment’s security cameras opening the cash register, removing U.S. currency, and placing the currency into the left front pocket of his jacket,” the report says.
Tsusaki told the Washington Blade that he and Spark’s employees have allowed Jones to enter the bar many times since it opened last year to use the bathroom in a gesture of compassion knowing he was homeless. Tsusaki said he is not aware of Jones ever having purchased anything during his visits.
According to Tsusaki, Spark closed for business at around 10:30 p.m. on the night of the incident at which time an employee did not properly lock the front entrance door. He said no employees or customers were present when the security cameras show Jones entering Spark through the front door around 12:04 a.m.
Tsusaki said the security camera images show Jones had been inside Spark for about three hours on the night of the burglary and show him taking cash out of two cash registers. He took a total of $300, Tsusaki said.
When Tsusaki and Spark employees arrived at the bar later in the day and discovered the cash was missing from the registers they immediately called police, Tsusaki told the Blade. Knowing that Jones often hung out along the 2000 block of 14th Street where Spark is located, Tsusaki said he went outside to look for him and saw him across the street and pointed Jones out to police, who then placed him under arrest.
A police arrest affidavit filed in court states that at the time they arrested him police found the stolen cash inside the pocket of the jacket Jones was wearing. It says after taking him into police custody officers found a powdered substance in a Ziploc bag also in Jones’s possession that tested positive for cocaine, resulting in him being charged with cocaine possession in addition to the burglary charge.
D.C. Superior Court records show a judge ordered Jones held in preventive detention at a Feb. 19 presentment hearing. The judge then scheduled a preliminary hearing for the case on Feb. 20, the outcome of which couldn’t immediately be obtained.
District of Columbia
Judge rescinds order against activist in Capital Pride lawsuit
Darren Pasha accused of stalking organization staff, board members, volunteers
A D.C. Superior Court judge on Feb.18 agreed to rescind his earlier ruling declaring local gay activist Darren Pasha in default for failing to attend a virtual court hearing regarding an anti-stalking lawsuit brought against him by the Capital Pride Alliance, the group that organizes D.C.’s annual Pride events.
The Capital Pride lawsuit, initially filed on Oct. 27, 2025, accuses Pasha of engaging in a year-long “course of conduct” of “harassment, intimidation, threats, manipulation, and coercive behavior” targeting Capital Pride staff, board members, and volunteers.
In his own court filings without retaining an attorney, Pasha has strongly denied the stalking related allegations against him, saying “no credible or admissible evidence has been provided” to show he engaged in any wrongdoing.
Judge Robert D. Okum nevertheless on Feb. 6 approved a temporary stay-away order requiring Pasha to stay at least 100 feet away from Capital Pride’s staff, volunteers, and board members until the time of a follow-up court hearing scheduled for April 17. He reduced the stay-away distance from 200 yards as requested by Capital Pride.
In his two-page order issued on Feb. 18, Okun stated that Pasha explained that he was involved in a scooter accident in which he was injured and his phone was damaged, preventing him from joining the Feb. 6 court hearing.
“Therefore, the court finds there is a good cause for vacating the default,” Okun states in his order.
At the time he initially approved the default order at the Feb. 6 hearing that Pasha didn’t attend, Okun scheduled an April 17 ex parte proof hearing in which Capital Pride could have requested a ruling in its favor seeking a permanent anti-stalking order against Pasha.
In his Feb. 18 ruling rescinding the default order Okun changed the April 17 ex parte proof hearing to an initial scheduling conference hearing in which a decision on the outcome of the case is not likely to happen.
In addition, he agreed to consider Pasha’s call for a jury trial and gave Capital Pride 14 days to contest that request. The Capital Pride lawsuit initially called for a non-jury trial by judge.
One request by Pasha that Okum denied was a call for him to order Capital Pride to stop its staff or volunteers from posting information about the lawsuit on social media. Pasha has said the D.C.-based online blog called DC Homos, which Pasha claims is operated by someone associated with Capital Pride, has been posting articles portraying him in a negative light and subjecting him to highly negative publicity.
“The defendant has not set forth a sufficient basis for the court to restrict the plaintiff’s social media postings, and the court therefore will deny the defendant’s request in his social media praecipe,” Okun states in his order.
A praecipe is a formal written document requesting action by a court.
Pasha called the order a positive development in his favor. He said he plans to file another motion with more information about what he calls the unfair and defamatory reports about him related to the lawsuit by DC Homos, with a call for the judge to reverse his decision not to order Capital Pride to stop social media postings about the lawsuit.
Pasha points to a video interview on the LGBTQ Team Rayceen broadcast, a link to which he sent to the Washington Blade, in which DC Homos operator Jose Romero acknowledged his association with Capital Pride Alliance.
Capital Pride Executive Director Ryan Bos didn’t immediately respond to a message from the Blade asking whether Romero was a volunteer or employee with Capital Pride.
Pasha also said he believes the latest order has the effect of rescinding the temporary stay away order against him approved by Okun in his earlier ruling, even though Okun makes no mention of the stay away order in his latest ruling. Capital Pride attorney Nick Harrison told the Blade the stay away order “remains in full force and effect.”
Harrison said Capital Pride has no further comment on the lawsuit.
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