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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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District of Columbia

New D.C. LGBTQ+ bar Crush set to open April 19

An ‘all-inclusive entertainment haven,’ with dance floor, roof deck

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Crush (Washington Blade photo by Michael Key)

D.C.’s newest LGBTQ+ bar called Crush is scheduled to open for business at 4 p.m. on Friday, April 19, in a spacious, two-story building with a dance floor and roof deck at 2007 14th St., N.W. in one of the city’s bustling nightlife areas.

A statement released by co-owners Stephen Rutgers and Mark Rutstein earlier this year says the new bar will provide an atmosphere that blends “nostalgia with contemporary nightlife” in a building that was home to a popular music store and radio supply shop.

Rutgers said the opening comes one day after Crush received final approval of its liquor license that was transferred from the Owl Room, a bar that operated in the same building before closing Dec. 31 of last year. The official opening also comes three days after Crush hosted a pre-opening reception for family, friends, and community members on Tuesday, April 16.

Among those attending, Rutgers said, were officials with several prominent local LGBTQ organizations, including officials with the DC Center for the LGBTQ Community, which is located across the street from Crush in the city’s Reeves Center municipal building. Also attending were Japer Bowles, director of the Mayor’s Office of LGBTQ Affairs, and Salah Czapary, director of the Mayor’s Office of Nightlife and Culture.  

Rutgers said Crush plans to hold a grand opening event in a few weeks after he, Rutstein and the bar’s employees become settled into their newly opened operations.

“Step into a venue where inclusivity isn’t just a promise but a vibrant reality,” a statement posted on the Crush website says. “Imagine an all-inclusive entertainment haven where diversity isn’t just celebrated, it’s embraced as the very heartbeat of our venue,” the statement says. “Welcome to a place where love knows no bounds, and the only color or preference that matters is the vibrant tapestry of humanity itself. Welcome to Crush.”

The website says Crush will be open Tuesdays and Wednesdays from 4 p.m. to 12 a.m., Thursdays from 4 p.m. to 2 a.m., Fridays from 4 p.m. to 3 a.m., Saturdays from 2 p.m. to 3 a.m., and Sundays from 2 p.m. to 12 a.m. It will be closed on Mondays.

Crush is located less than two blocks from the U Street Metro station.

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District of Columbia

Reenactment of first gay rights picket at White House draws interest of tourists

LGBTQ activists carry signs from historic 1965 protest

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About 30 LGBTQ activists formed a picket line in front of the White House April 17. (Washington Blade photo by Michael Key)

About 30 LGBTQ activists formed a circular picket line in front of the White House Wednesday afternoon, April 17, carrying signs calling for an end to discrimination against “homosexuals” in a reenactment of the first gay rights protest at the White House that took place 59 years earlier on April 17, 1965.

Crowds of tourists looked on with interest as the activists walked back and forth in silence in front of the White House fence on Pennsylvania Avenue. Like the 1965 event, several of the men were dressed in suits and ties and the women in dresses in keeping with a 1960s era dress code policy for protests of the Mattachine Society of Washington, D.C., the city’s first gay rights group that organized the 1965 event.

Wednesday’s reenactment was organized by D.C.’s Rainbow History Project, which made it clear that the event was not intended as a protest against President Joe Biden and his administration, which the group praised as a strong supporter of LGBTQ rights.

“I think this was an amazing event,” said Vincent Slatt, the Rainbow History Project official who led efforts to put on the event. “We had twice as many that we had hoped for that came today,” he said.

“It was so great to see a reenactment and so great to see how far we’ve come,” Slatt said. “And also, the acknowledgement of what else we still need to do.”

Slatt said participants in the event who were not carrying picket signs handed out literature explaining the purpose of the event.

A flier handed out by participants noted that among the demands of the protesters at the 1965 event were to end the ban on homosexuals from working in the federal government, an end to the ban on gays serving in the military, an end to the denial of security clearances for gays, and an end of the government’s refusal to meet with the LGBTQ community. 

“The other thing that I think is really, really moving is some of the gay staff inside the White House found out this was happening and came out to greet us,” Slatt said. He noted that this highlighted how much has changed since 1965, when then President Lyndon Johnson’s White House refused to respond to a letter sent to Johnson from the Mattachine Society explaining its grievances. 

“So now to have gay people in the White House coming out to give us their respects and to say hello was especially meaningful to us,” Slatt said. “That was not expected today.”

Among those walking the picket line was longtime D.C. LGBTQ rights advocate Paul Kuntzler, who is the only known surviving person who was among the White House picketers at the April 1965 event. Kuntzler said he proudly carried a newly printed version of the sign at Wednesday’s reenactment event that he carried during the 1965 protest. It stated, “Fifteen Million Homosexuals Protest Federal Treatment.”  

Also participating in the event was Japer Bowles, director of D.C. Mayor Muriel Bowser’s Office of LGBTQ Affairs. Bowles presented Slatt with a proclamation issued by Bowser declaring April 17, 2024, Mattachine Society Day in Washington, D.C.

“Whereas, on April 17, 1965, the Mattachine Society of Washington courageously held the nation’s inaugural picket for gay rights, a seminal moment in the ongoing struggle for LGBTQIA+ equality in the United States, marking the genesis of public demonstrations advocating for those rights and paving the way for Pride Marches and Pride celebrations worldwide,” the proclamation states.

About 30 minutes after the reenactment event began, uniformed Secret Service agents informed Slatt that due to a security issue the picketers would have to move off the sidewalk in front of the White House and resume the picketing across the street on the sidewalk in front of Lafayette Park. When asked by the Washington Blade what the security issue was about, one of the Secret Service officers said he did not have any further details other than that his superiors informed him that the White House sidewalk would have to be temporarily cleared of all people.

Participants in the event quickly resumed their picket line on the sidewalk in front of Lafayette Park for another 30 minutes or so in keeping with the 1965 picketing event, which lasted for one hour, from 4:20 p.m. to 5:20 p.m., according to Rainbow  History Project’s research into the 1965 event.

Although the LGBTQ picketers continued their procession in silence, a separate protest in Lafayette Park a short distance from the LGBTQ picketers included speakers shouting through amplified speakers. The protest was against the government of Saudi Arabia and organized by a Muslim group called Al Baqee Organization.

A statement released by the Rainbow History Project says the reenactment event, among other things, was a tribute to D.C.-area lesbian rights advocate Lilli Vincenz, who participated in the 1965 White House picketing, and D.C. gay rights pioneer Frank Kameny, who founded the Mattachine Society of Washington in the early 1960s and was the lead organizer of the 1965 White House protest. Kameny died in 2011 and Vincenz died in 2023.

The picket signs carried by participants in the reenactment event, which were reproduced from the 1965 event, had these messages:

• “DISCRIMINATION Against Homosexuals is as immoral as Discrimination Against Negroes and Jews;”

• “Government Should Combat Prejudice NOT PROMOTE IT”

• “White House Refuses Replies to Our Letters, AFRAID OF US?

• “HOMOSEXUALS Died for their Country, Too”

• “First Class Citizenship for HOMOSEXUALS”

• “Sexual Preference is Irrelevant to Employment”

• “Fifteen Million U.S. Homosexuals Protest Federal Treatment”

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District of Columbia

Organizers announce details for D.C. Black Pride 2024

Most events to take place Memorial Day weekend at Westin Downtown

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Black Pride 2024 details were announced this week. (Washington Blade file photo by Michael Key)

The Center for Black Equity, the organizer of D.C. Black Pride, the nation’s first and one of the largest annual African-American LGBTQ Pride celebrations, announced this year’s event will take place Memorial Day Weekend from May 24-27.

The announcement, released April 16, says that most 2024 D.C. Black Pride events will take place at the Westin Washington, D.C. Downtown Hotel at 999 9th St, N.W.

“With the theme Black Pride Forever, the event promises a weekend filled with vibrant celebrations, empowering workshops, and a deep exploration of Black LGBTQIA+ history and culture,” the announcement says.

It says events will include as in past years a “Rainbow Row” vendor expo at the hotel featuring “organizations and vendors created for and by the LGBTQIA+ community” offering products and services “that celebrate Black excellence.”

According to the announcement, other events include a Health and Wellness Festival that will offer workshops, demonstrations, and activities focused on “holistic well-being;” a Mary Bowman Poetry Slam “showcasing the power and beauty of spoken word by Black LGBTQIA+ artists;” the Black Pride Through the Decades Party, that will celebrate the “rich history of the Black LGBTQIA+ movement;” and an Empowerment Through Knowledge series of workshops that “delve into various topics relevant to the Black LGBTQIA+ community.”

Also, as in past years, this year’s D.C. Black Pride will feature its “Opening Night Extravaganza” reception and party that will include entertainment and live performances.

The announcement notes that D.C.’s annual Black Pride celebration, started in 1991 as a one-day outdoor event at Howard University’s Banneker Field, has inspired annual Black LGBTQ Pride events across the United States and in Canada, United Kingdom, Brazil, Africa, and the Caribbean. More than 300,000 people attend Black LGBTQ Pride events each year worldwide, the announcement says.

Full details, including the official schedule of events, can be accessed at dcblackpride.org.

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