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Choi trial opens with clash over White House protest rules

Defense to argue that activist didn’t break the law

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Dan Choi and 12 other LGBT activists attracted national media attention on Nov. 15, 2010, when they handcuffed themselves to the White House fence.

A lawyer representing gay former Army Lt. Dan Choi questioned five U.S. Park Police officers Monday over the validity of their decision to arrest Choi last November after he handcuffed himself to the White House fence to protest the “Don’t Ask, Don’t Tell” law.

Defense attorney Robert Feldman asked the questions while cross-examining the officers during the first day of Choi’s trial at U.S. District Court for the District of Columbia. Choi faces a possible sentence of six months in jail or a $5,000 fine if convicted on a misdemeanor charge of disobeying a lawful order to disengage from the fence.

Magistrate Judge John Facciola is presiding over the trial, which was expected to continue through Tuesday and possibly part of the day on Wednesday.

Choi and 12 other LGBT activists attracted national media attention on Nov. 15, 2010, when they handcuffed themselves to the White House fence. About 75 supporters who assembled across the street in Lafayette Park cheered and chanted slogans for LGBT equality while Park Police removed the handcuffs with cable cutters and placed Choi and the other protesters under arrest.

In May of this year, the 12 others who were arrested agreed to a government offer to plead guilty to the charge in exchange for the government dismissing the case against them in six months if the activists don’t get arrested during that period for any reason, including a similar civil disobedience protest.

Choi told reporters at a news conference outside the federal courthouse Monday, after the trial recessed for the day, that he rejected the government’s plea bargain offer because he believes the law and regulation used to arrest him is unconstitutional.

“I believe there is no law that, in the history of this country, abridges freedom of speech, assembly, or the right to protest for redress of grievances, which were clear and made plain by all of the defendants,” he said.

Assistant U.S. Attorney Angela George, the prosecutor in the case, called five Park Police officers and a U.S. Park Ranger as government witnesses on Monday. Under questioning from George, they testified that they had no intention of singling out the protesters for their political beliefs or because of their sexual orientation.

Feldman released an e-mail sent to the defense on Friday by George that extended another offer for Choi to plead guilty to the charge in exchange for the dismissal of the case by the government if Choi refrained from getting arrested for the next four months.

Feldman said Choi responded by saying he would accept the offer only on condition that the government issue a public apology to Choi in court on Monday for the arrest and prosecution against him. Feldman said the government rejected the conditions, prompting Choi to turn down the offer.

A spokesperson for the U.S. Attorney’s office said the office would have no comment on the case while the trial is in progress.

Park Police Lt. Robert Lachance, who led a team of officers assigned to arrest the protesters, testified that an assistant solicitor general at the Department of Interior, which has jurisdiction over the Park Police, advised him that the act of chaining oneself to the White House fence violated a federal regulation against actions that pose a threat to public safety, obstruct traffic, and potentially prevent “emergency responders” from carrying out their work.

At the news conference, Feldman said he plans to argue at the trial that Choi’s action at the White House fence did not violate the regulation and statute cited by the Park Police and by prosecutor George.

“It’s uncontroverted that Lt. Choi is no threat to the public safety whatsoever,” said Feldman. “Neither does he obstruct traffic, which is the second part of the regulation.”

Feldman said he would also argue that the regulation used by authorities to arrest Choi applies only to the sidewalk next to the White House fence. He noted that Choi and the other protesters were standing on a masonry ledge that rises above the sidewalk and serves as an anchor for the White House fence.

“It’s very clear that my client was never on the sidewalk,” Feldman said.  “He was on the masonry fence, which is above the sidewalk. And the warnings from Lt. Lachance said, ‘Get off the sidewalk.’ How can you get off the sidewalk if you were never on the sidewalk?”

He said he would also argue that Choi was unable to hear the warning that Lachance made to the protesters through a loudspeaker brought to the scene by Park Police. Lachance testified that he read a scripted message three times ordering the protesters to leave the fence and warning them they would be arrested if they did not comply with that order.

Feldman said Lachance’s warnings were drowned out by loud shouts and chants by Choi and the other 12 protesters handcuffed to the fence as well as by dozens of other protesters assembled in Lafayette Park.

The chants and shouts could be heard in a video recording of the protest that George played in the courtroom as part of a prosecution exhibit for the trial.

“There’s a cacophony of noise all around, and how can you possibly hear Lt. Lachance’s warnings to go away?” Feldman said at the news conference.

He said Choi would testify at the trial as the lead defense witness. One other defense witness, gay activist and former military Capt. Jim Pietrangelo II, was also scheduled to testify, Feldman said.

 

 

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Virginia

Mark Levine loses race to succeed Adam Ebbin in ‘firehouse’ Democratic primary

State Del. Elizabeth Bennett-Parker won with 70.6 percent of vote

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Former Va. state Del. Mark Levine (D-Alexandria)

Gay former Virginia House of Delegates member Mark Levine (D-Alexandria) lost his race to become the Democratic nominee to replace gay state Sen. Adam Ebbin (D-Alexandria) in a Jan. 13 “firehouse” Democratic primary.

Levine finished in second place in the hastily called primary, receiving 807 votes or 17.4 percent. The winner in the four-candidate race, state Del. Elizabeth Bennett-Parker, who was endorsed by both Ebbin and Gov.-elect Abigail Spanberger received 3,281 votes or 70.6 percent.

Ebbin, whose 39th Senate District includes Alexandria and parts of Arlington and Fairfax Counties, announced on Jan. 7 that he was resigning effective Feb. 18, to take a job in the Spanberger administration as senior advisor at the Virginia Cannabis Control Authority.

Results of the Jan. 13 primary, which was called by Democratic Party leaders in Alexandria, Arlington, and Fairfax, show that candidates Charles Sumpter, a World Wildlife Fund director, finished in third place with 321 voters or 6.9 percent; and Amy Jackson, the former Alexandria vice mayor, finished in fourth place with 238 votes or 5.1 percent.

Bennett-Parker, who LGBTQ community advocates consider a committed LGBTQ ally, will now compete as the Democratic nominee in a Feb. 10 special election in which registered voters in the 39th District of all political parties and independents will select Ebbin’s replacement in the state senate.

The Alexandria publication ALX Now reports that local realtor Julie Robben Linebery has been selected by the Alexandria Republican City Committee to be the GOP candidate to compete in the Jan. 10 special election. According to ALX Now, Lineberry was the only application to run in a now cancelled special party caucus type event initially called to select the GOP nominees.

It couldn’t immediately be determined if an independent or other party candidate planned to run in the special election.  

Bennett-Parker is considered the strong favorite to win the Feb. 10 special election in the heavily Democratic 39th District, where Democrat Ebbin has served as senator since 2012. 

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District of Columbia

Ruby Corado sentenced to 33 months in prison

Former Casa Ruby director pleaded guilty to wire fraud in 2024

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Ruby Corado (Washington Blade photo by Ernesto Valle)

A federal judge on Jan. 13 sentenced Ruby Corado, the founder and former executive director of the now closed D.C. LGBTQ community services organization Casa Ruby, to 33 months of incarceration for a charge of wire fraud to which she pleaded guilty in July 2024.

U.S. District Court Judge Trevor M. McFadden handed down the sentence that had been requested by prosecutors with the Office of the U.S. Attorney for the District of Columbia after Corado’s sentencing had been postponed six times for various reasons.

The judge also sentenced her to 24 months of supervised release upon her completion of incarceration.  

In addition to the sentence of incarceration, McFadden agreed to a request by prosecutors to hold Corado responsible for “restitution” and “forfeiture” in the amount of $956,215 that prosecutors have said she illegally misappropriated from federal loans obtained by Casa Ruby.

The charge to which she pleaded guilty is based on allegations that she diverted at least $180,000 “in taxpayer backed emergency COVID relief funds to private offshore bank accounts,” according to court documents.  

Court records show FBI agents arrested Corado on March 5, 2024, at a hotel in Laurel, Md., shortly after she returned to the U.S. from El Salvador, where authorities say she moved in 2022. Prosecutors have said in charging documents that she allegedly fled to El Salvador, where she was born, after “financial irregularities at Casa Ruby became public,” and the LGBTQ organization ceased operating.

Shortly after her arrest, another judge agreed to release Corado into the custody of her niece in Rockville, Md., under a home detention order. But at an Oct. 14, 2025, court hearing at which the sentencing was postponed after Corado’s court appointed attorney withdrew from the case, McFadden ordered Corado to be held in jail until the time of her once again rescheduled sentencing.   

Her attorney at the time, Elizabeth Mullin, stated in a court motion that her reason for withdrawing from the case was an “irreconcilable breakdown in the attorney-client relationship.”

Corado’s newly retained attorney, Pleasant Brodnax, filed a 25-page defense Memorandum in Aid of Sentencing on Jan. 6, calling for the judge to sentence Corado only to the time she had already served in detention since October.  

Among other things, Brodnax’s defense memorandum disputes the claim by prosecutors that Corado improperly diverted as much as $956,215 from federally backed loans to Casa Ruby, saying the total amount Corado diverted was $200,000. Her memo also states that Corado diverted the funds to a bank account in El Salvador for the purpose of opening a Casa Ruby facility there, not to be used for her personally.

“Ms. Corado has accepted responsibility for transferring a portion of the loan disbursements into another account she operated and ultimately transferring a portion of the loan disbursements to an account in El Salvador,” the memo continues.

“Her purpose in transferring funds to El Salvador was to fund Casa Ruby programs in El Salvador,” it says, adding, “Of course, she acknowledges that the terms of the loan agreement did not permit her to transfer the funds to El Salvador for any purpose.”

In his own 16-page sentencing recommendation memo, Assistant U.S. Attorney John Borchert, the lead prosecutor in the case, said Corado’s action amounted at the least to fraud.

“The defendant and Casa Ruby received no less than $1.2 million in taxpayer backed funds during the COVID-19 global health crisis,” he memo states. “But rather than use those funds to support Casa Ruby’s mission as the defendant promised, the defendant further contributed to its demise by unlawfully transferring no less than $180,000 of these federal emergency relief funds into her own private offshore bank accounts,” it says.

“Then, when media reports suggested the defendant would be prosecuted for squandering Casa Ruby’s government funding, she sold her home and fled the country,” the memo states. “Meanwhile, the people who she had promised to pay with taxpayer-backed funds – her employees, landlord, and vendors – were left behind flat broke.”

A spokesperson for the U.S. Attorney’s office and Corado’s attorney didn’t immediately respond to a request from the Washington Blade for comment on the judge’s sentence. 

“Ms. Corado accepts full responsibility for her actions in this case,” defense attorney Brodnax says in her sentencing memo. “She acknowledges the false statements made in the loan applications and that she used some of the money outside the United States,” it says.

“However, the money was still utilized for the same purpose and intention as the funds used in the United States, to assist the LGBTQ community,” it states. “Ms. Corado did not use the money to buy lavish goods or fund a lavish lifestyle.”  

Brodnax also states in her memo that as a transgender woman, Corado could face abuse and danger in a correctional facility where she may be sent if sentenced to incarceration.   

“Ruby Corado committed a crime, she is now paying the price,” said D.C. LGBTQ rights advocate Peter Rosenstein. “While it is sad in many ways, we must remember she hurt the transgender community with what she did, and in many ways they all paid for her crime.”

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Virginia

Woman arrested for anti-gay assault at Alexandria supermarket

Victim recorded video of Christmas Day attack

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(Photo by chalabala/Bigstock)

Alexandria police announced on Jan. 12 that a Maryland woman has been arrested for allegedly assaulting a man while shouting anti-gay slurs at him at a Giant supermarket in Alexandria on Christmas Day.

The arrest came after a video of the assault that the victim captured with his phone and on which the woman can be heard shouting anti-gay slurs went viral on social media.

Police identified the woman as Shibritney Colbert, 34, of Landover, Md. Alexandria Police Chief Tarrick McGuire stated at a news conference that police responded to a 911 call placed by the victim and attempted to apprehend the woman, but she drove off in her car before police could apprehend her.

He said following an investigation, Colbert was apprehended and arrested in Prince Goerge’s County, Md., on Jan. 8. He said arrangements were being made for her to be brought to Alexandria where she was expected to face charges of assault and battery, destruction of property, felony eluding, and driving an unregistered vehicle.

The video of the incident shows Colbert pushing a shopping cart she was using in an aisle at the Giant store, located at 3131 Duke St., into the victim and another woman who was trying to help the victim. She can be seen throwing groceries at the victim while shouting anti-gay names. “Boy, get out of here with your gay ass,” was among the words she yelled at him that could be heard on the video.

The victim, who police identified only as a 24-year-old man, could be heard on the video saying he does not know the woman and urging her to “please back up.”

“Based on the victim’s statement, comments exchanged prior to the assault, and the totality of the circumstances, investigators believe the victim was targeted because of his sexual orientation,” police said in a statement.

Tarrick said Colbert’s arrest came at a time when Alexandria police were completing a strengthened hate crime policy calling for detectives to investigate crimes based on hate and for the department to prepare reports on hate crimes twice a year.

“Hate crimes are not just crimes against individuals, they are offenses that threaten the entire community and undermine the fundamental principles of dignity, equality, and safety,” Tarrick said.

Alexandria police didn’t immediately respond to a request from the Washington Blade for a copy of the official police report on the incident.

A link to the video posted on the social media site Reddit in which an unidentified man provides some details of the attack, can be accessed here:

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