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Proposed ‘gag order’ in Wone case draws objections

Court papers pertain to pending $20 million wrongful death civil suit

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Four D.C. area news outlets filed court papers Monday objecting to a motion filed last month by the defense in the Robert Wone civil trial asking a judge to prohibit all lawyers involved in the case from speaking to the news media.

In a little noticed development, attorneys representing gay defendants Joseph Price, Victor Zaborsky and Dylan Ward filed an Oct. 8 motion in D.C. Superior Court asking for an order barring the attorneys from making “extra-judicial statements” about the case to anyone outside the courtroom.

“Most of the media coverage has clearly implicated the defendants of some wrongdoing, premised upon multiple inaccurate and untruthful assertions of the Metropolitan Police Department (“MPD”) and the U.S. Attorney General’s Office for the District of Columbia,” the defense motion states.

“The press coverage is necessarily having the effect of poisoning the jury pool, which [threatens] to make it impossible for the defendants to find an impartial jury,” it says.

The three defendants have been named in a $20 million wrongful death lawsuit in connection with the 2006 murder of D.C. attorney Robert Wone, who was stabbed to death in their upscale townhouse near Dupont Circle.

Earlier this year, a Superior Court judge found the men not guilty of conspiracy, obstruction of justice and evidence tampering in connection with the murder. No one has been charged with the murder.

The men have said an intruder killed Wone after entering the house while the three were asleep in their bedrooms and while Wone spent the night in a guest bedroom at the house after working late at his nearby office. Wone and the men were longtime friends.

In a motion filed Monday, the D.C. blog Who Murdered Robert Wone, Washingtonian magazine and Allbritton Communications Company on behalf of WJLA-TV, News Channel 8, and the recently created local news website TBD.com asked the court for permission to intervene as third party opponents of the defense motion.

“The gag order, if granted, would constitute a prior restraint on speech that would strip media interveners’ First Amendment rights by barring them from speaking with either party’s counsel to gather information about the case,” the media outlets said in the motion.

“To safeguard their constitutionally protected rights to gather and report on news, which would be obliterated if the gag order is entered, media interveners respectfully move this court for permission to intervene … so they can oppose the gag order’s overbroad and unconstitutional prior restraint of speech,” the motion says.

In their motion seeking the order barring the lawyers from speaking about the case outside the courtroom, the attorneys representing the gay defendants cited an example of what they called a highly inappropriate statement by an attorney representing Katherine Wone, Robert Wone’s widow and the lead plaintiff in the case.

“On September 16, 2010, one of plaintiff’s attorneys, Patrick M. Regan, addressed a collection of reporters outside the court house, where he made numerous statements about the case, including the following quote: ‘Defendants don’t assert their fifth amendment rights if they are not guilty of something.’”

Regan was referring to an earlier statement in court by defense attorneys that the three defendants planned to decline to answer questions on the witness stand at trial by invoking their Fifth Amendment right not to make self-incriminating statements in a legal proceeding.

“This patently incorrect and inflammatory statement served no legitimate litigation purpose, but its public dissemination likely caused substantial prejudice to the defendants by ‘poisoning the well’ of potential jurors,” the defense motion says.

Attorneys representing the media outlets disputed that assertion. They noted that the civil trial is not scheduled to take place for at least a year and that the court process for screening potential jurors would prevent the selection of jurors incapable of rendering an impartial verdict.

They also noted that defense attorneys made strong statements to the media denouncing the government’s evidence and arguments during the criminal trial, where the defendants exercised their right not to testify.

Katherine Wone’s attorneys filed a separate motion on Oct. 25 opposing the gag order proposal.

“For more than four years defendanrts and their counsel have actively sought to use the media to convince the public that their clients had no involvement in Robert Wone’s murder and coverup,” the Wone attorneys’ motion says. “Plainly, defendants have enjoyed their ‘right to present their side of a dispute to the pblic…’ Mrs. Wone should not now be denied that same right.”

Superior Court Judge Brook Hedge is expected to issue a ruling on the media outlets’ motion to intervene and on the defense motion to bar the lawyers from discussing the case outside the courtroom within the next several weeks.

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Comings & Goings

Meléndez, Rosen take new roles at Wanda Alston Foundation

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From left, Yadiel Meléndez and Ben Rosen

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 Yadiel Meléndez, on their new role as Community Associate, with the Wanda Alston Foundation. Meléndez is piloting a new role as a Community Associate at the Wanda Alston Foundation, where they support queer and trans young people in finding their footing, building independence, and experiencing a housing community where they are seen, valued, and affirmed. They are coming into this role with more than a decade of experience as a community organizer and operations specialist, supporting diverse communities through service, advocacy, and program coordination.

Previously they worked for Right Proper Brewing Shaw as a server and bartender and at Sephora, Washington, DC, and at FreshFarm, DC, in bilingual food access. They also worked freelance to build foundational structures for local queer BIPOC performance art coalitions, producing variety shows to curate space for marginalized performance artists in the community. They were a production manager for Haus of Hart Productions, a BIPOC centric performance art production. They also worked as field staff with the American Foundation for Suicide Prevention in Stafford, Va.  

Meléndez is bilingual, Spanish and English. Their work is guided by a commitment to dignity, safety, and trauma-informed engagement, particularly within LGBTQ and BIPOC communities.

Congratulations also to Ben Rosen LICSW, on his new role as program director, with the Wanda Alston Foundation. Rosen previously worked with Fountain House’s OnRamps program, helping to build a new, innovative outreach program for individuals considered chronically homeless, and living with serious mental illness, in the Times Square area of New York. Rosen is a Psychotherapist, having worked with SG Psychotherapy, and as the psychotherapist with the Nest Community Health Center (URAM).

Rosen has a B.F.A. in Theatre Arts: Musical Theatre, Minor in Psychology (Cum Laude) from Malloy University Conservatory; and his M.S.W. in Clinical Practice with Individuals, Families, and Groups, from The Silberman School of Social Work, Hunter College, N.Y. He is independently licensed in New York and Washington, D.C.

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Rehoboth Beach

BLUF leather social set for April 10 in Rehoboth

Attendees encouraged to wear appropriate gear

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Diego’s in Rehoboth Beach will host a BLUF leather social on Friday, April 10 at 5 p.m. (Blade file photo by Michael Key)

Diego’s in Rehoboth Beach hosts a monthly leather happy hour. April’s edition is scheduled for Friday, April 10, 5-7 p.m. Attendees are encouraged to wear appropriate gear. The event is billed as an official event of BLUF, the free community group for men interested in leather. After happy hour, the attendees are encouraged to reconvene at Local Bootlegging Company for dinner, which allows cigar smoking. There’s no cover charge for either event.

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District of Columbia

Celebrations of life planned for Sean Bartel

Two memorial events scheduled in D.C.

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(Washington Blade file photo by Michael Key)

Two celebrations of life are planned for Sean Christopher Bartel, 48, who was found deceased on a hiking trail in Argentina on or around March 15. Bartel began his career as a television news reporter and news anchor at stations in Louisville, Ky., and Evansville, Ind., before serving as Senior Video Producer for the D.C.-based International Brotherhood of Electrical Workers union from 2013 to 2024.

A memorial gathering is planned for Friday, April 10, 11:30 a.m.-1:30 p.m. at the IBEW International Office (900 7th St., N.W.), according to a statement by the DC Gay Flag Football League, where Bartel was a longtime member. A celebration of life is planned that same evening, 6-8 p.m. at Trade (1410 14th St., N.W.). 

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