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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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Local

Comings & Goings

Chef Jamie Leeds opens new dining concepts

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Jamie Leeds

The Comings & Goings column is about sharing the professional successes of our community. We want to recognize those landing new jobs, new clients for their business, joining boards of organizations and other achievements. Please share your successes with us at [email protected]

The Comings & Goings column also invites LGBTQ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.

Congratulations to Jamie Leeds, chef extraordinaire, and owner of Hank’s Oyster Bars, as she ventures into some new areas. Leeds is an award-winning Washington, D.C.–area chef, restaurateur, and entrepreneur with more than three decades of experience shaping the region’s dining scene.

Her first new venture is a restaurant opening in Alexandria this week. It will be called Hank’s Pasta Bar, bringing a personalized twist to classic Italian dining with a hiddenrestaurant-inside-a-restaurant in Old Town, Alexandria. The new trattoria is above Hank’s Oyster Bar, and will feature a build-your-own menu, marking a new direction for Leeds in partnership with chef Darren Norris. Norris brings more than three decades of experience to Hank’s Pasta Bar, with a foundation grounded in Italian cooking. The grand opening was scheduled for May 14. The elevated casual eatery blends an inventive chef-driven menu with an easy-going, sit-down dining experience that puts guests in charge. Hank’s Pasta Bar bridges the gap between elevated fast casual, like Norris’s Shibuya, and full-service dining, like Leeds’s Hank’s Oyster Bar. Diners order electronically at the table, but unlike fast casuals, food and beverages are delivered on plate ware, and a server is on site at all times.  

The restaurant-inside-a-restaurant, welcomes guests to dine in with a full bar, including Italian wines and craft cocktails, maintaining its focus on traditional Italian fare with contemporary touches, including a build-your-own pasta bowl experience starting at $16. Create your own pasta bowl from seven artisanal pastas (including gluten-free), nine made-in-house sauces, proteins, vegetables, and toppings. Leeds said, “It’s the kind of place you’d find down a side street in a Tuscan hill town, after being tipped off by a friend who says, ‘trust me.’ If you know, you know.” 

The restaurant will continue Hank’s community partnerships, including with Real Food for Kids, supporting programs that improve school food and nutrition equity. 

In addition to this you should try Jaimie’s other new venture. Back Door Taco at Hank’s in Dupont Circle. You walk down the alley from 17th Street to the back door of Hank’s, and enter a small patio to partake of great tacos and interesting cocktails.

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District of Columbia

HIV Vaccine Awareness Day set for May 18

Whitman-Walker joins nationwide recognition of efforts to develop vaccine

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(Image courtesy of the NIH)

Whitman-Walker Health, the D.C.-based community healthcare center that specializes in HIV/AIDS and LGBTQ-related health services, will join health care advocates from across the country to support efforts to develop an HIV vaccine on HIV Vaccine Awareness Day on May 18.

“HIV Awareness Day, observed annually on May 18, was established to recognize and thank the volunteers, scientists, health professionals, and community members working toward a safe and effective prevention HIV vaccine,” Whitman-Walker said in a statement.

“Led by the National Institutes of Health’s National Institute of Allergy and Infectious Diseases (NIAID), the day is also an opportunity to educate communities about the critical importance of preventive HIV vaccine research,” the statement says.

It adds, “The reality is that any new vaccine discovery must be built community by community, institution by institution, and then it must reach everyone – especially the communities who have carried the heaviest burden of this epidemic.”

On its own website, the National Institutes of Health says HIV Vaccine Awareness Day also highlights its longstanding efforts, coordinated by its Office of AIDS Research, to support researchers’ efforts to develop an HIV vaccine.  

“Researchers are making promising headway in efforts to develop a safe, effective HIV vaccine,” it says in a statement on its website.

A Whitman-Walker spokesperson said Whitman-Walker was not holding a specific event to observe HIV Vaccine Awareness Day, but it will recognize the day as a way of encouragement for its ongoing work to address the AIDS epidemic and support for vaccine research.

“Today, no one has to die from HIV,” said Whitman-Walker’s Health System division’s CEO, Dr. Heather Aaron in the Whitman-Walker statement. “We have the treatments, the technology, and the research to change outcomes, and yet people in our community are still dying from HIV//AIDS,” she said in the statement.

“That is unacceptable, and it is exactly why our work continues,” she added. “Here in D.C. with more focus on Southeast D.C., the Whitman-Walker Health System remains committed to making a difference through cutting-edge research, policy advocacy, and philanthropy, because fair access to life-saving treatment is not a privilege. It is a right.”  

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District of Columbia

Capital Stonewall Democrats endorses Janeese Lewis George for D.C. mayor

Group also backed D.C. Council, Congressional delegate, AG candidates

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Janeese Lewis George (Washington Blade photo by Michael Key)

The Capital Stonewall Democrats, D.C.’s largest local LGBTQ political organization, announced on May 14 that it has endorsed D.C. Councilmember Janeese Lewis George (D-Ward 4) for mayor in the city’s June 16 Democratic primary.

Lewis George along with former D.C. Councilmember Kenyan McDuffie (D-At-Large) are considered by political observers to be the two leading candidates among the seven candidates competing in the Democratic primary election for mayor.

Both have strong, long-standing records of support on LGBTQ issues, indicating Capital Stonewall Democrats members, like LGBTQ voters across the city, are likely choosing a candidate based on non-LGBTQ related issues.

In a May 14 statement, the group announced its endorsements in seven other Democratic primary races, including D.C. Council Chair Phil Mendelson, who is running unopposed in the primary. Also endorsed is D.C. Councilmember Robert White (D-At-Large), who is one of five Democratic candidates competing for the position of D.C. delegate to the U.S. House of Representatives.

D.C. Councilmember Brooke Pinto (D-Ward 2) is among the four candidates competing with White for that post, and who like White has a strong record of support on LGBTQ issues.

In the At-Large D.C. Council race for which incumbent Anita Bonds is not running for re-election, Capital Stonewall Democrats has endorsed community activist and LGBTQ ally Oye Owolewa in a nine candidate race.    

For the Ward 1 D.C. Council election, in which five LGBTQ supportive candidates are competing, the group did not make an endorsement because none of the candidate received a required 60 percent of the endorsement vote cast by Capital Stonewall Democrats members, according to the group’s former president, Howard Garrett.   

The statement announcing its endorsements shows that it decided to list its “Preferred Ranking” of each of the Ward 1 Democratic candidates as part of the city’s newly implemented ranked choice voting system. It lists gay candidate Miguel Trindade Deramo as first, bisexual candidate Aparna Raj second, Jackie Reyes Yanes third, Rashida Brown fourth, and Terry Lynch fifth.

In the remaining ward Council races, Capital Stonewall Democrats endorsed Councilmember Matt Fruman (D-Ward 3), who is running unopposed for re-election; Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member who is being challenged by two opponents; and Councilmember Charles Allen (D-Ward 6), who is running unopposed for re-election.

The group also chose not to make an endorsement in the special election for another At-Large D.C. Council seat that became vacant when then-Independent Councilmember McDuffie resigned to enable him to run for mayor as a Democrat. Under the city’s Home Rule Charter adopted by Congress, that at large sweat is restricted to a “non-majority party” candidate, meaning a non-Democrat.

The three candidates running for the seat, all Independents, include incumbent Doni Crawford, who was appointed to the seat earlier this year; former D.C. Councilmember Elissa Silverman; and Jacque Patterson. All three have expressed support on LGBTQ related issues.

“The organization’s endorsement process included candidate questionnaires, public forums, and direct voting by active CSD members,” the statement announcing its endorsements says. “Each endorsement reflects the collective voice of 173 LGBTQ+ Democrats who voted in the process and are committed to building lasting political power in the District,” according to the statement. “Candidates that reached 60 percent support received the endorsement.”

Garrett, the group’s former president, acknowledged that with nearly all candidates running in D.C. elections expressing strong support for the LGBTQ community, many if not most of the group’s members most likely chose a candidate based on issues other than LGBTQ related issues.

He said he believes Lewis George, who he is supporting and is viewed as a progressive candidate who self-identifies as a Democratic Socialist, compared to McDuffie, who is viewed as a moderate Democrat, captured the group’s endorsement based on the view that she is the best person to lead the city going forward.

“I believe that Capital Stonewall members voted for Janeese Lewis George because we’re tired of the status quo and we need a new, bold leader to not only move our city forward but also to stand up to Donald Trump and his administration,” Garrett told the Washington Blade.

McDuffie’s LGBTQ supporters, including former Capital Stonewall Democrats presidents David Meadows and Kurt Vorndran, have argued that McDuffie’s positions on a wide range of issues, including LGBTQ issues, show him to be the best candidates to lead the city at this time and In future years.

The group’s endorsement of Lewis George comes one week after GLAA DC, a nonpartisan LGBTQ advocacy group, awarded her its highest candidate rating of +10.    

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