Local
Proposed ‘gag order’ in Wone case draws objections
Court papers pertain to pending $20 million wrongful death civil suit
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.
Virginia
McPike prevails in ‘firehouse’ Dem primary for Va. House of Delegates
Gay Alexandria Council member expected to win 5th District seat
Gay Alexandria City Council member Kirk McPike emerged as the clearcut winner in a hastily called Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates representing Alexandria.
McPike, who was one of two gay candidates running in the four-candidate primary, received 1,279 votes or 60.5 percent, far ahead of gay public school teacher Gregory Darrall, a political newcomer who received 60 votes or 3 percent.
Former Alexandria City School Board member Eileen Cassidy Rivera came in second place with 508 votes or 24 percent and Northern Virginia criminal law defense attorney Chris Leibig finished in third place with 265 votes or 12.5 percent.
Each of the candidates expressed strong support for LGBTQ-related issues.
With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in the Feb. 10 special election to fill the 5th District House of Delegates seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).
Bennett-Parker won the Democratic nomination for the Virginia State Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from his seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.
Bennett-Parker won the nomination for Ebbin’s state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.
McPike, a longtime LGBTQ rights advocate, first won election to the Alexandria City Council in 2021. He has served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) and has remained in that position during his tenure on the Alexandria Council. He told the Washington Blade he will continue as chief of staff until next month, when he will resign from that position before taking office in the House of Delegates.
He received the endorsement of Ebbin, U.S. Rep. Don Beyer (D-Va.), and the LGBTQ Victory Fund in his race for the 5th District Va. House seat. Being an overwhelmingly Democratic district, virtually all political observers expect McPike to win the Feb. 10 special election.
He will be running against Republican nominee Mason Butler, a local business executive who emerged as the only GOP candidate running for the delegate seat.
“Thank you to the voters of Alexandria for choosing me as the Democratic nominee in the House of Delegates District 5,” McPike said in a statement released shortly after the vote count was completed. “It is an incredible honor to have the opportunity to fight for our community and its values in Richmond,” he said.
“I look forward to continuing to work to address our housing crisis, the challenge of climate change, and the damaging impacts of the Trump administration on the immigrant families, LGBTQ+ Virginians, and federal employees who call Alexandria home,” he stated.
He praised Ebbin for his longstanding support for the LGBTQ community in the Virginia Legislature and added, “If elected to the House of Delegates in the Feb. 10 general election, I will continue to fight to protect the rights and freedoms of LGBTQ+ Virginians from my new position in Richmond.”
Gay candidate Darrall’s campaign website said he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.
“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement said.
District of Columbia
Sold-out crowd turns out for 10th annual Caps Pride night
Gay Men’s Chorus soloist sings National Anthem, draws cheers
A sold-out crowd of 18,347 turned out on Jan. 17 for the 10th annual Pride Night at the Washington Capitals hockey game held at D.C.’s Capital One Arena.
Although LGBTQ Capitals fans were disappointed that the Capitals lost the game to the visiting Florida Panthers, they were treated to a night of celebration with Pride-related videos showing supportive Capitals players and fans projected on the arena’s giant video screen throughout the game.
The game began when Dana Nearing, a member of the Gay Men’s Chorus of Washington, sang the National Anthem, drawing applause from all attendees.
The event also served as a fundraiser for the LGBTQ groups Wanda Alston Foundation, which provides housing services to homeless LGBTQ youth, and You Can Play, a nonprofit organization dedicated to advancing LGBTQ inclusion in sports.
“Amid the queer community’s growing love affair with hockey, I’m incredibly honored and proud to see our hometown Capitals continue to celebrate queer joy in such a visible and meaningful way,” said Alston Foundation Executive Director Cesar Toledo.
Capitals spokesperson Nick Grossman said a fundraising raffle held during the game raised $14,760 for You Can Play. He said a fundraising auction for the Alston Foundation organized by the Capitals and its related Monumental Sports and Entertainment Foundation would continue until Thursday, Jan. 22
A statement on the Capitals website says among the items being sold in the auction were autographed Capitals player hockey sticks with rainbow-colored Pride tape wrapped around them, which Capitals players used in their pre-game practice on the ice.
Although several hundred people turned out for a pre-game Pride “block party” at the District E restaurant and bar located next to the Capital One Arena, it couldn’t immediately be determined how many Pride night special tickets for the game were sold.
“While we don’t disclose specific figures related to special ticket offers, we were proud to host our 10th Pride night and celebrate the LGBTQ+ community,” Capitals spokesperson Grossman told the Washington Blade.
Virginia
Two gay candidates running in ‘firehouse’ Va. House of Delegates primary in Alexandria
Kirk McPike, Gregory Darrall hope to succeed delegate vying for Ebbin’s seat
Gay Alexandria City Council member Kirk McPike and gay public school teacher Gregory Darrall, who serves as vice president of the Fairfax County Federation of Teachers, are among four candidates running in a Jan. 20 “firehouse” Democratic primary for a seat in the Virginia House of Delegates.
With less than a week’s notice, Democratic Party officials in Alexandria called the primary to select a Democratic nominee to run in a Feb. 10 special election to fill the 5th House District seat being vacated by state Del. Elizabeth Bennett-Parker (D-Alexandria).
Bennett-Parker won the Democratic nomination for the Virginia Senate seat being vacated by gay state Sen. Adam Ebbin (D-Alexandria), who is resigning from the seat to take a position in the administration of Democratic Virginia Gov. Abigail Spanberger, who took office on Jan. 17.
Bennett-Parker won the nomination for the state Senate seat in yet another firehouse primary on Jan. 13 in which she defeated three other candidates, including gay former state Del. Mark Levine.
The Jan. 20 primary in which McPike and Darrall are competing will take place from 8:30 a.m. to 7 p.m. in two polling places in Alexandria: the Charles E. Beatley Jr. Central Library at 5005 Duke St. and the Charles Houston Recreation Center at 901 Wythe St.
The other two candidates running are former Alexandria City School Board member Eileen Cassidy Rivera and criminal law defense attorney Chris Leibig.
McPike, who first won election to the Alexandria City Council in 2021, served for 13 years as chief of staff for gay U.S. Rep. Mark Takano (D-Calif.) prior to winning election to the Alexandria City Council.
“Now, Kirk is ready to bring his experience to Richmond to keep improving the lives of all Virginians as our delegate for House District 5,” his campaign website says. His website writeup says he and his husband, Cantor Jason Kaufman, have lived in Alexandria’s Seminary Hill neighborhood for 15 years.
“As delegate, we can count on Kirk to keep delivering for us — helping Virginia maintain our commitments to our schools, our first responders, and our efforts to address climate change, housing affordability, and infrastructure,” the website statement says.
McPike, a longtime LGBTQ rights supporter and advocate, has been endorsed by Ebbin and U.S. Rep. Don Beyer (D-Va.). Beyer said in a statement that McPike “has a proven track record of delivering results for Alexandrians.” The LGBTQ+ Victory Fund, which raises money for LGBTQ candidates running for public office, has also endorsed McPike.
Darrall’s campaign website says he is a “proud progressive, lifelong educator, and labor leader running to put people first.” It says he is a political newcomer “with more than 20 years in the classroom” as a teacher who played a key role in the successful unionization of Fairfax Public Schools.
“He is a proud member and staunch supporter of the LGBTQIA+ community,” his website statement says. It says he met his husband Jose while living in Miami and the two operated a small business in South Florida for a decade before moving to Alexandria in 2015. It adds that Darrall is “fluent in Spanish, loves walking Alexandria’s neighborhoods, and is driven by a deep belief in fairness, equality, and strengthening our democracy from the ground up.”
The Alexandria Republican City Committee nominated local business executive Mason Butler as the Republican nominee for the House of Delegates seat in the Feb. 10 special election after he emerged as the only GOP candidate running for the seat, according to the Alexandria Brief publication. He will face the Democratic winner in the Jan. 20 firehouse primary.
“As Delegate for House District 5, I will be a fierce advocate for LGBT equality in the Virginia General Assembly,” Rivera stated. She praised Spanberger for signing an LGBTQ-supportive executive order on her first day in office.
Rivera added, “I will fight alongside her to restore and enforce the Virginia Values Act, advance marriage equality, and ensure robust nondiscrimination protections in housing, employment, healthcare, and public accommodations.”
In his own statement, Leibig said, “I am as strong a supporter for LGBTQ rights as you can get.” Noting his role as a defense attorney specializing in criminal law, he added, “I regularly get calls from outside the commonwealth about defending trans people in situations where they are being treated terribly.”
He noted he was among the attorneys working on the first lawsuit against the Bureau of Prisons in support of “gender reaffirming surgery for an inmate.” He said he represented transgender former U.S. Army soldier Chelsea Manning in 2019 and was among those advocating for improved conditions for trans people in prisons.
“People of this community can count on me to support this community,” he said in referring to the LGBTQ community.
The Washington Blade couldn’t immediately reach GOP candidate Butler, who is running in the Feb. 10 special election but not in the Jan. 20 firehouse primary.
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