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3 gay men found not guilty in Wone case

Judge cites reasonable doubt; widow’s civil lawsuit up next

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Katherine Wone, wife of slain attorney Robert Wone, has waited nearly four years for a criminal case stemming from her husband’s death to conclude. The trial is expected to end soon. (Washington Blade photo by Michael Key)

D.C. Superior Court Judge Lynn Leibovitz found three gay men charged with obstructing justice in the murder of attorney Robert Wone not guilty of all counts against them Tuesday.

Leibovitz, who read her lengthy decision in the case aloud to a packed courtroom, said that while she felt there was significant evidence implicating the defendants Joseph Price, Victor Zaborsky and Dylan Ward, there continued to exist a reasonable doubt on all charges against them.

“It is very probable that the government’s theory is correct, that even if the defendants did not participate in the murder, some or all of them knew enough about the circumstances of it to provide helpful information to law enforcement and have chosen to withhold that information for reasons of their own,” she said.

“Nevertheless, after lengthy analysis of the evidence, I conclude that the government has failed to prove beyond a reasonable doubt the essential elements of obstruction of justice as to Mr. Price, Mr. Zaborsky or Mr. Ward,” she said.

She said prosecutors similarly failed to prove beyond a reasonable doubt that the three defendants engaged in a conspiracy to obstruct justice or evidence tampering.

The decision, which took more than an hour for Leibovitz to recite, did not disclose the verdict until late in its reading.

Before announcing her verdict, Leibovitz led some observers to believe she was about to find the defendants guilty on at least some of the charges. With suspense building in the courtroom, she said the government proved beyond a reasonable doubt that Wone was not killed by an unknown intruder who entered the defendants’ house, where Wone was found stabbed to death in August 2006, as the defense has claimed.

“Despite the many suspicious and even damning circumstances, despite the implausibility of the intruder story, and despite the discordant and inappropriate demeanor and conduct of the defendants, I am constrained to conclude that the government has not eliminated, beyond a reasonable doubt, the real probability of what I have termed the ‘math problem’ in this case,” she said.

Leibovitz described the “math problem” as the government’s apparent inability to definitively prove which defendant committed which specific act of obstruction of justice, conspiracy to obstruct justice, and evidence tampering — the three charges on which the men were indicted more than two years ago.

Wone was found stabbed to death in a guest bedroom in the three defendants’ townhouse on Swann Street, N.W., near Dupont Circle, on Aug. 2, 2006. The four-year drama surrounding the case has captured the interest of the local gay community and as well as many in the larger D.C. area, prompting a large contingent of news outlets to provide extensive coverage of the case.

Defense attorney David Schertler, who represented Ward, urged Leibovitz in his closing argument last week to find the defendants not guilty based on what he called the government’s lack of sufficient evidence, saying the men have been in a “living nightmare” for four years.

But the ordeal faced by Price, Zaborsky and Ward is not likely to end soon. Kathy Wone, Robert Wone’s widow, has filed a $20 million wrongful death civil suit against the men on behalf of her husband, and that case is expected to start working its way through the judicial system shortly.

Unlike the criminal case, the burden of proof for a civil wrongful death suit is less stringent, making Kathy Wone’s chances of winning greater than that in the criminal case, court observers said.

Looking toward the Wone family members sitting in the courtroom, including Kathy Wone, Leibovitz said Tuesday that her adherence to the strict standards of probable cause probably would be “cold comfort to those who loved Robert Wone and wish for some measure of peace or justice, and I am extremely sorry for this.”

“I believe, however, that the reasonable doubt standard is essential to maintaining our criminal justice system as the fair and just system we wish it to be,” Leibovitz said. “I cite the wisdom of English jurist William Blackstone that it is ‘better that 10 guilty persons escape than that one innocent suffer.’”

Closing arguments in the case were heard last week. Assistant U.S. Attorney Glenn Kirschner, the trial’s lead prosecutor, noted at that time that Wone’s killer had yet to be identified because Price, Zaborsky and Ward “prevented the murder from being solved.”

He argued that the government’s case proved beyond a reasonable doubt that Wone was not killed by an unidentified intruder who entered the defendants’ house, as was claimed. Instead, Kirschner reiterated the government’s contention that the defendants know who killed Wone and engaged in a cover-up to protect that person.

Wone, a friend of the three men, was spending the night at their Dupont Circle area townhouse after working late at his nearby office.

Although he acknowledged that prosecutors could not prove who it was that killed Wone, Kirschner told Leibovitz that the totality of evidence “leaps out and screams” that the defense’s intruder theory is a “fabrication.”

All three defense attorneys fired back, saying that after five weeks of witness testimony, the government had failed to provide any evidence of a motive in the case and instead based its case on a long list of “suspicious” occurrences that don’t prove the defendants covered up a crime.

“We’ve been here five weeks and we’ve never seen any evidence of why these men would do this,” said Price’s attorney, Bernard Grimm, who noted the defendants had a warm and ongoing friendship with Wone and his wife.

“What the government has done is cobble together a patchwork of suspicious circumstances and make a fantastic leap to say this is a conspiracy to obstruct justice,” said David Schertler, Ward’s attorney. “None of these circumstances can be used to prove guilt beyond a reasonable doubt.”

In a statement to reporters outside the courthouse, Kirschner, said the Wone murder investigation remains open, prompting court observers to note that Price, Zaborsky and Ward could still be charged with murder, manslaughter or other homicide-related charges should more evidence surface in the case.

“We can only hope that further evidence continues to come to light that will allow us to move forward in the homicide investigation … to bring justice to the family of Robert Wone for whoever it was that killed Robert,” he said.

Kirschner added, “We respect and accept the judge’s verdict … It was thoughtful, it was well reasoned.”

Grimm told reporters Leibovitz said it best when she explained the importance of the government’s burden of proving guilt beyond a reasonable doubt.

“That’s the system of justice that we live in, and that’s what it is,” he said. “Other countries would die to have this system of justice.”

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World Pride 2025

Pabllo Vittar to perform at WorldPride

Brazilian drag queen, singer, joined Madonna on stage in 2024 Rio concert

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Pabllo Vittar (Screen capture via Pabllo Vittar/YouTube)

A Brazilian drag queen and singer who performed with Madonna at her 2024 concert on Rio de Janeiro’s Copacabana Beach will perform at WorldPride.

The Capital Pride Alliance on Thursday announced Pabllo Vittar will perform on the Main Stage of the main party that will take place on June 7 at DCBX (1235 W St., N.E.) in Northeast D.C.

Vittar and Anitta, a Brazilian pop star who is bisexual, on May 4, 2024, joined Madonna on stage at her free concert, which was the last one of her Celebration Tour. Authorities estimated 1.6 million people attended.

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District of Columbia

$3.7 billion RFK stadium proposal draws support from Team DC

Washington Commanders ‘proud’ to champion LGBTQ community

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The long-suffering RFK Stadium will be razed to make way for a new domed facility that could one day host the Super Bowl. (Washington Blade file photo by Michael Key)

Miguel Ayala, president of the D.C. LGBTQ sports organization Team D.C., has expressed support for the $3.7 billion deal reached between Mayor Muriel Bowser and the Washington Commanders football team to bring the team back to D.C. in a redeveloped site on the grounds of the city’s long shuttered RFK stadium.

With the deal calling for the city to provide $1 billion in taxpayer funds for infrastructure related costs for the massive redevelopment project — and with the Commanders to provide the remaining $2.7 billion — as of this week the deal did not have majority support on the D.C. Council, which must vote to approve it.

Ayala’s support for the project on behalf of Team D.C. raises the question of whether members of the city’s influential LGBTQ community might play some role in urging the D.C. Council to approve the project.

The proposal comes at a time when the Washington Commanders team includes a message of support for the LGBTQ community on its website. The message follows its hosting last October of its 4th annual LGBTQ Pride Night Out at the Commanders game against the Cleveland Browns.

“The Washington Commanders are proud to champion the LGBTQ+ community and its allies,” the team states on its website. “Through the unifying power of sports, we aim to create a culture where all feel welcome and celebrated.”

In a statement released to the Washington Blade, Ayala points out that the Commanders are among every D.C.-based professional sports team that hosts a Pride Night Out event, which Team DC helps to organize.

“Each year, our events have grown stronger, with vibrant tailgates, on-field celebrations, and powerful moments that shine a spotlight on our community,” Ayala said. “We can’t wait to kick off our first Night Out at the Commanders Stadium in 2030.”

He was referring to plans by the Commanders organization and the D.C. mayor’s office to have the stadium deal approved by the D.C. Council in July, with construction of the new stadium to begin then, and with a planned completion in time for the 2030 professional football season.

Ayala also points out that the RFK stadium grounds currently serve as home to LGBTQ-related sports activity, including the D.C. Gay Flag Football League and the D.C. Front Runners group. He added that the RFK grounds will serve as the playing fields for this year’s WorldPride Capital Cup sports competition, where LGBTQ rugby and soccer teams from around the world will compete.

“This new stadium will be more than just a field – it will be a powerful new addition to the vibrant, diverse, and proud communities we champion every day,” he said in his statement.

At an April 28 news conference, Bowser, Washington Commanders owner Josh Harris and other city officials provided details of the stadium project, noting that it includes a massive development of the new stadium and the surrounding 180 acres of land.

In addition to the 65,000-seat domed stadium, officials said the project would include 5,000 to 6,000 residential housing units, with 30 percent designated as “affordable” for low- and moderate-income residents. They said the project would also include parks and recreation areas, hotels, restaurants, retail, and neighborhood amenities.

“As we focus on the growth of our economy, we’re not only bringing our team home, but we’re also bringing new jobs and new revenue to our city and to Ward 7,” Bowser said in a statement

Opponents of the project, including D.C. Council Chair Phil Mendelson (D-At-Large), have said they don’t believe the city should use its own funds for a stadium and the related development. 

So far, just four Council members have expressed support for the project. Mendelson and two other Council members have expressed opposition, and the remaining five have not yet said whether they would vote for or against it. The project needs seven of the current 12-member Council for it to be approved.

Council member Zachary Parker (D-Ward 5), the Council’s only gay member, who initially had not taken a position on the proposal, this week said he was looking at the project more favorably, according to news media reports. 

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District of Columbia

Welcome home: DC LGBTQ Center opens its doors to healing and hope

The 6,671 square foot DC LGBTQ Center will offer a wide range of resources for LGBTQ individuals in need – including mental health services, job readiness programs, cultural events, and community support groups, all under one roof.

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The D.C. Center (Washington Blade photo by Michael Key)

On a sunny spring day in Washington’s Shaw neighborhood, the once empty Holzbeierlein Bakery warehouse now showcases energy, pride, and the sounds of chosen family coming closer together. After years in a less-than-perfect space on 14th Street, the DC LGBTQ community finally has a new home at the DC LGBTQ Center—and Executive Director Kimberley Bush says it’s more than a building. It’s a promise.

That promise, Bush explained to the Washington Blade on April 26—the day of the new LGBTQ Center’s opening—may change depending on who is being uplifted by the DC Center, but at its core remains the same goal: a thriving LGBTQ community in the nation’s capital. The commitment to the DC LGBTQ community is able to grow more connected and stronger, she explained, as more resources, space, and funding become available for the DC Center.

“This is a glorious home,” Bush said, beaming as groups of community members walked in under the giant inflatable rainbow at the Center’s doors. “It’s our new home. Today was a whole day of welcome home. This space has been an amazing endeavor for a long time, one that we’ve always known we’ve needed. This is space that we need for our LGBT siblings in need—and it’s amazing when your intentions match your efforts.”

The DC Center has long worked to “educate, empower, uplift, celebrate, elevate, and connect” the LGBTQ community from its former location at the Reeves Center. But now, in its new space at 1828 Wiltberger St., N.W., these efforts are more visible, accessible, and impactful than ever before.

“This space is a model that is new, that we are creating,” Bush said as groups of DC Center supporters chatted with Etta James’s “At Last” filling the hallways. “There is, I believe, no other LGBTQ+ community center in the country that not only has its own life and supportive services in its building, but is also co-housed with other organizations. A lot of community centers try and do it all, but that’s not what we wanted. We wanted to be able to bring everybody together under one roof, to be able to have that whole life supportive services center like one-stop shopping. We didn’t want to take over anything anyone else did. We don’t want to take away the dollars those organizations have to do what they do for the community. We want us all to be together. So that’s what we are. We’ve been able to now expand into almost 7,000 square feet of space.”

(Washington Blade photo by Michael Key)

The new DC Center features a variety of functional spaces designed to meet the diverse needs of the LGBTQ community. It includes office space for up to nine additional partner organizations, creating a hub for collaboration and support. Local and integral LGBTQ organizations like SMYAL, Team DC, and HIPS are some of the groups taking advantage of the space.

“People can be spread out,” Bush said about the opportunity for these LGBTQ-specific organizations to have a dedicated office in the Center. “We are on a grander scale, so we have a grander number of individuals that we can positively and effectively take care of. We [as members of the DC LGBTQ Center] can’t provide everything someone needs, but we can be an outpost for other organizations. Because we’ve expanded, we are able to expand the love, kindness, and support we can give our siblings.”

Additional support, Bush explained, is made possible by the intentional design of the new DC Center. Specialized rooms meet critical needs—from an HIV and STI testing room to therapy spaces and a boutique offering professional attire for job interviews. While the DC Center may not provide every service directly, it offers a shared space where partner organizations can step in and support the community—all under one roof.

“Often people are not able to go here, here, and here, to get what those gaps in life are creating,” she said. “To bridge them in one space just gives that person the opportunity to have less on their heart and their mind in regards to what they need to take care of themselves.”

In addition to being able to provide a space for instrumental elements of protecting the safety and well-being of the DC LGBTQ community, the Center also has a food pantry, a boutique with a clothing closet, an ADA-accessible shower, a mailroom to assist those without a permanent address, and a spacious kitchen.

This, she explained, is why this space is so monumental to providing the DC LGBTQ community the resources they need in a succinct and approachable way.

(Washington Blade photo by Michael Key)

“By bridging those gaps and having as much as we can here means you’re in one space to get your needs met,” she added. “From sexual health needs, in terms of testing, counseling, and what have you, to mental and behavioral health needs. You can get food, you can get clothing, you can shower. You can store some of your things here. That is such an ease off of your mind to where now you can breathe.”

After stepping into the Center’s director role in 2022, Bush said that she often sees her “siblings” within the community make a better life for themselves starting by walking through the front doors. Sometimes the following steps take more time and resources than for others, but regardless of what it takes, Bush emphasized the goal is to alleviate some stress and make tomorrow an approachable reality.

“I have the amazing opportunity to interact with our community members, our siblings, on a regular basis,” she said. “Often I see them when they first walk in our door. Sometimes they walk in unhappy, sometimes devastated, or they walk in not in a good space. When they come in and invite us in to hear their stories, when they want to share what’s going on with them so we can learn how to best care, love, and support them, it’s incredible. We make a POA, a plan of action, outlining how to take care of them and what that’s going to take.”

Walking through the Center, it is hard to not notice the smiles coming from everyone’s faces—from volunteers, board members, community members, and those seeking assistance. The DC Center, with its rainbow murals and shining floors, has become a beacon of hope for many LGBTQ Washingtonian residents in need. For some, Bush explained, that can be as simple as having a space for solace in a city that seems to have no shortage of stressors.

“The space is made for anyone who’s in need, and even if you’re not,” she said. “This is a place for you to come and be peaceful. A place for you to come and have a cup of tea, not to pay a thing, or have to talk to anybody. You can just sit here and have a cup of tea.”

The more she spoke about the space, it became clear that providing a space for LGBTQ people to be is just as important as providing spaces for the services to take place. The DC LGBTQ Center invites people to not only find what they need to make themselves better in a literal sense but also allows them to simply exist. It is rare for a city to provide this kind of refuge from the constant motion that life demands. And that can be life-changing, she says.

“I will say, ‘How are you today? How are you feeling today?’ ‘How are you’ and ‘how are you feeling’ are two different things, but I do want to know how you’re feeling. If you don’t answer me, that’s good. You know? That’s perfect,” Bush said. “This space is built for everyone, especially for trans and non-binary folk, and for our brown and Black folk. It’s a space for those who just need a space to be.”

In a world that often erases or overlooks LGBTQ people, especially trans, non-binary, Black, and brown community members, the simple act of being seen and cared for can be revolutionary. The DC Center aims to be a place for LGBTQ people to be themselves—not to force them to prove anything or lead them to speak, but to truly be themselves. That quiet affirmation of ‘allowing to be’ can plant the seed to a better, more authentic life.

(Washington Blade photo by Michael Key)

“One thing that I love to hear, and it makes me feel so good, because they say it in a way that’s just like you and I would say it, or anyone would say it, but sometimes they may not have thought they would say it. They would say, ‘See you tomorrow. See you later.’ This is a person who may not have had tomorrow in their mind. Where you and I say that all the time, but for a lot of our people, our siblings, who come to us, that may not be a thing for them. But when they come in our doors, receive the care and the love and the support and kindness, but then they walk out and they say, ‘See you tomorrow,’ and we do see them tomorrow! I can tell you that this response not only drives me to do this work, because this is good work and I’m very fortunate and privileged to be here, but it’s hearing that out of someone’s mouth. That’s it. That’s all I need.”

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