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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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District of Columbia

Judge rescinds stay-away order in Capital Pride anti-stalking case

Evidence hearing to determine if order should be reinstated against Darren Pasha

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Darren Pasha (Washington Blade photo by Michael Key)

A D.C. Superior Court judge on April 17 rescinded an anti-stalking order he approved in February at the request of Capital Pride Alliance against local LGBTQ activist Darren Pasha. 

In a ruling at a court status hearing, Judge Robert D. Okum agreed with defendant Darren Pasha’s stated concern that the initial order was too broad and did not specify who specifically he must stay at least 100 feet away from, as called for in the order.

Okum ruled on April 17 that the initial order, which he noted was oral rather than written, would be suspended until an evidentiary hearing takes place in which Capital Pride will need to present evidence justifying the need for such an order.   

“I’m fine with scheduling a hearing at which the plaintiff can present evidence, and the defendant can present evidence,” Okum said. “But I’m not fine with just continuing this oral TRO [Temporary Restraining Order] that Mr. Pasha really doesn’t even have notice of. That seems unfair,” he said.

After asking both Pasha and Capital Pride Alliance Attorney Nick Harrison when they would be available for the evidence hearing, Okum set the date for April 27 at 11 a.m. in Superior Court. 

The case began when Capital Pride Alliance, the D.C.-based LGBTQ group that organizes the city’s annual Pride events, filed a Civil Complaint on Oct. 27, 2025, against Pasha, accusing him of engaging in a year-long effort to harass, intimidate, and stalk Capital Pride’s staff, board members, and volunteers.

The complaint was accompanied by a separate motion seeking a restraining order, preliminary injunction, and anti-stalking order prohibiting Pasha from “any further contact, harassment, intimidation, or interference with the Plaintiff, its staff, board members, volunteers, and affiliates.”

In his initial ruling in February, Okum issued an order requiring Pasha to stay at least 100 feet away from Capital Pride staff, board members, and volunteers until the April 17 status hearing. He reduced the stay-away distance from the 200 yards requested by Capital Pride.

Pasha, who has so far represented himself in court without an attorney, has argued in multiple court filings and motions that the Capital Pride stalking allegations are untrue. In his initial 16-page response to the complaint, Pasha said it appears to be a form of retaliation against him for a dispute he has had with Capital Pride and its former board president, Ashley Smith, who has since resigned from the board.

“It is evident that the document is replete with false, misleading, and unsubstantiated assertions,” Pasha’s court response states. 

At the April 17 hearing, Okum also ruled that, as standard procedure for civil complaints such as this one, he has ordered both parties to enter into court-supervised mediation to attempt to reach a settlement rather than go to trial.  

In an earlier ruling Okum denied Pasha’s request for a jury trial, stating that civil cases such as this must undergo a trial with the judge determining the verdict under existing civil court statutes.

The April 17 court hearing was held in a courtroom at the courthouse, but as allowed under current court rules, Capital Pride attorney Harrison and Capital Pride official June Crenshaw participated virtually through a video connection. Pasha attended the hearing in the courtroom. 

“This matter is proceeding through the court in the normal course,” Capital Pride released in a statement. “We look forward to presenting the relevant evidence at the scheduled hearing. Capital Pride Alliance remains committed to maintaining a safe and respectful environment for our staff, volunteers, and community, and to addressing concerns through appropriate channels.”

“This is clearly a case of retaliation,” Pasha told the Blade after the hearing. “Today the judge removed the stay-away order and asked Capital Pride Alliance to present enough evidence and examples to see if a stay-away order should be granted,” he said. “Because Pride is coming up in June, we need to see where this is going.”

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District of Columbia

Gay D.C. police lieutenant arrested on child porn charges

Matthew Mahl once served as head of LGBT Liaison Unit

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Matthew Mahl (Washington Blade file photo by Michael Key)

D.C. police announced on April 14 that they have placed one of their lieutenants, Matthew Mahl, on administrative leave and revoked his police powers after receiving information that he was arrested in Maryland one day earlier.  

Although the initial D.C. police announcement doesn’t disclose the reason for the arrest it refers to a statement by the Harford County, Md. Sheriff’s Office that discloses Mahl has been charged with sexual solicitation of a minor and child porn solicitation.

“On Tuesday, the Harford County Sheriff’s Office contacted MPD’s Internal Affairs Division shortly after arresting Lieutenant Matthew Mahl,” the D.C. police statement says.

“The allegations in this case are extremely disturbing, and in direct contrast to the values of the Metropolitan Police Department,” the statement continues. “MPD’s Internal Affairs Division will investigate violations of MPD policy once the criminal investigation concludes,” it says.

“MPD is not involved in the criminal investigation and was not aware of the investigation until yesterday,” the statement adds.

Mahl served as acting supervisor of the MPD’s then Gay & Lesbian Liaison Unit in 2013 when he held the rank of sergeant. D.C. police officials placed him on administrative leave and suspended his police powers that same year while investigating an undisclosed allegation.

A source familiar with the investigation said Mahl was cleared of any wrongdoing a short time later and resumed his police duties. Around the time he was promoted to lieutenant several years later Mahl took on the role as chairman of the D.C. Police Union, becoming the first known openly gay officer to hold that position.

NBC 4 reports that Mahl, 47, has served on the police force for 23 years and most recently was assigned to the department’s Special Operations Division.

Records related to Mahl’s arrest filed in Harford County District Court, show Sheriff’s Department investigators state in charging documents that he allegedly committed the offenses of Sexual Solicitation of a Minor and Child Porn Solicitation on Monday, April 13, one day before he was arrested on April 14.   

The court records show he was held without bond during his first appearance in court on April 14. A decision on whether he would be released while awaiting trial or continue to be held without bond was scheduled to be determined during an April 15 bond hearing. The outcome of that hearing could not be immediately determined.  

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Maryland

Evan Glass is leaning on his record. Is that enough for Montgomery County’s top job?

Gay county executive candidate pushing for equitable pay, safer streets, and cleaner environment

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Montgomery County Council member Evan Glass, center, speaks to attendees of a meet and greet event at Poolesville Memorial United Methodist Church. (Photo by Meredith Rizzo for the Baltimore Banner)

By TALIA RICHMAN | During a meet-and-greet at Poolesville Memorial United Methodist Church, Evan Glass got his loudest applause of the night with a plan he acknowledged was decidedly unsexy.

“Day one, I’ll hire a director of permitting services,” the county executive candidate said.

Doing so, he added, is a step toward easing the regulatory burdens that can stifle small businesses in Montgomery County.

The only problem? At least one of his fiercest competitors is making a similar pledge.

The rest of this article can be read on the Baltimore Banner’s website.

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