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Kameny estate dispute sparks lawsuits

Gay rights pioneer’s burial ceremony postponed

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Frank Kameny, gay news, gay politics dc

Frank Kameny’s March 3 burial was postponed, but his headstone and grave marker are now in place and are open for visitors at the cemetery, which is located at 18th Street and Potomac Avenue, S.E. (Washington Blade photo by Michael Key)

The man named by the late gay rights pioneer Frank Kameny as the main beneficiary of his estate has filed separate lawsuits against four of Kameny’s longtime friends and fellow activists, charging that they “wrongfully” removed property from Kameny’s house shortly after his death last October.

The lawsuits, which were filed in D.C. Superior Court on March 3 and March 5, came days after one of the men now named as a defendant, Bob Witeck, announced that a March 3 ceremony for the interment of Kameny’s ashes at Congressional Cemetery had been postponed in “deference” to Kameny’s estate.

“Timothy Lamont Clark, the Personal Representative of the Estate of Dr. Franklin E. Kameny, filed Complaints for Writ of Replevin against Dr. Marvin Carter, Charles Francis, Richard Rosendall, and Robert ‘Bob’ Witeck in the Superior Court of the District of Columbia Civil Division,” says a statement released by attorney Glen Ackerman, who is representing Clark and the Kameny estate.

“The Estate alleges that Messrs. Carter, Francis, Rosendall, and Witeck removed property belonging to the Estate of Dr. Kameny without authority or permission,” Ackerman says in the statement. “The Estate is seeking immediate recovery of the property wrongfully taken.”

Witeck and Rosendall said they had no immediate comment on the lawsuits. Rande Joiner, an attorney saying she represents Francis, said Francis also would have no comment. Carter did not respond to an email and phone message seeking comment.

U.S. Legal.com, a website specializing in legal issues, describes “Replevin” as an “action or writ issued to recover an item of personal property wrongfully taken.” It says it can be used as a legal remedy “in which a court requires a defendant to return specific goods to the plaintiff at the beginning of the action” while the case is awaiting trial.

The suits allege that some or all of the defendants improperly removed from Kameny’s house his personal papers; a U.S.  Army uniform of Kameny’s; a statue; “Gay is Good” pins; and “personal and historical photographs,” among other items.

The lawsuit also claims Francis is required to hand over to the estate the “posthumous certificate awarded to Franklin Edward Kameny by the American Astronomical Society on January 10, 2012.”

Francis said in a press release earlier this year that he traveled to Texas at the invitation of the astronomical society to accept the award on Kameny’s behalf.

The lawsuits say each of these items “belong to the Plaintiff and the Estate of Franklin Edward Kameny” and are of “unknown historical value and of a monetary value yet to be determined.”

Ackerman told the Blade that Francis, Witeck, Rosendall, and Carter removed the items from Kameny’s house in November.

Rosendall and Witeck told the Blade earlier this year that Clark, who was living in the house at the time, gave them permission to take the items to preserve them for safekeeping, with the intent of returning the items to the estate.

The two said Clark, who inherited Kameny’s house, told them he was about to have the house cleaned to prepare for placing it on the market for sale and was ready to dispose of many of the remaining items in the house as trash.

Rosendall told the Blade last week that he, Witeck, and Carter became alarmed that important papers and other items needed to preserve Kameny’s legacy were in danger of being discarded and lost. He said Clark had no objections to their temporarily taking possession of the items and allowed them access to the house.

Ackerman this week said Clark disputes that characterization of what happened. According to Ackerman, Clark says he never told Witeck, Francis, Rosendall, or Carter that he planned to throw away the items in question. Ackerman said Clark feels he was misled by the men into thinking they had the legal right to take the items from the house.

“At that time he didn’t understand the legal issues of all of this,” Ackerman said.

Activists helped Kameny in last years

Kameny’s will, which names Clark as Kameny’s personal representative for the estate, also names Clark as the sole beneficiary of Kameny’s house, car, and all other possessions except his papers, which Kameny bequeathed to the Library of Congress.

Activists who know Witeck, Francis, Carter, and Rosendall credit them with helping Kameny financially in the last years of his life. Carter, founder and executive director of the local charitable group Helping Our Brothers and Sisters (HOBS), arranged for the group to raise money to help Kameny pay his bills at a time when he was in financial need.

Francis founded the Kameny Papers Project, which arranged for the Library of Congress in 2007 to take possession of thousands of Kameny’s papers and documents that cover the gay rights leader’s work on behalf of LGBT equality over a 50-year period.

The project, under Francis’ and Witeck’s direction, raised more than $75,000 from donors to buy the papers from Kameny, giving him needed financial support, and donate them to the Library of Congress, where they are available to researchers.

Ackerman said he recognizes the contributions of the four men on Kameny’s behalf. But he said that he and Clark are legally obligated in probating Kameny’s will to keep an accurate inventory of all of Kameny’s property. All of the items taken from the house belong to Clark under the terms of Kameny’s will, Ackerman said.

He said Francis has declined to say why he has yet to deliver the Kameny papers he took from the house shortly after Kameny’s death to the Library of Congress.

“It’s almost six months since Dr. Kameny died,” Ackerman said. “What is it taking so long for him to give those papers to the Library of Congress?”

He said he was troubled to learn from Joiner, Francis’s lawyer,  that Francis and the others have agreed to return the items they took from the house but only if the estate issues a legal waiver releasing them from any liability associated with the estate or Clark.

Ackerman said the estate refuses to agree to such a waiver.

“Why do they want to be released from liability if they didn’t do anything wrong?” he said.

Interment delayed over gravesite ownership

The abrupt postponement of the March 3 interment ceremony for Kameny’s ashes at D.C.’s historic Congressional Cemetery startled many of the activists who knew Kameny and planned to attend.

Patrick Crowley, interim senior manager for Congressional Cemetery, said Witeck informed him on March 2, one day before the ceremony was to take place, that he and the other organizers of the event wanted to call it off.

“All I can say is there is a disagreement between the parties that own the plot and the estate of Mr. Kameny,” Crowley said.

Crowley said HOBS, operated by Carter, purchased the gravesite earlier this year.

Ackerman said HOBS along with Francis and Witeck announced plans for the burial service without consulting Clark or the Kameny estate. He said Clark, who has legal rights to the ashes and planned to take possession of them, was not informed in advance of the burial plans and was “completely excluded” from the entire process of obtaining a cemetery plot and planning the interment of the ashes.

When Clark asked about the ashes last year, he was told they already had been buried, Ackerman said Clark told him. Ackerman said he and Clark did not learn that the ashes had not been buried until last month, when he saw a press release about plans for the interment and a cemetery official told him the ashes were in an urn at the cemetery office.

With this as a backdrop, Ackerman said he informed the cemetery and Francis, Witeck, and Carter, through attorney Joiner that the estate would not allow the interment of the ashes to take place until HOBS signed over ownership of the cemetery plot to the estate.

The estate would pay HOBS for the plot and other burial related expenses, Ackerman said.

He said HOBS agreed to do this but informed him that the HOBS board could not make arrangements to approve the sale in time for the ceremony. Ackerman said the estate had no objections to holding the gravesite ceremony but it could not agree to the burial of the ashes until the estate gained legal ownership of the plot.

Reached by phone March 2, Witeck acknowledged that the interment ceremony was being postponed due to issues related to the Kameny estate, but he declined to provide further details on the reason for the postponement, including whether organizers didn’t want a ceremony if the ashes could not be interred.

Editor’s note: The law firm Ackerman Brown PLCC, of which Glen Ackerman is managing partner, represents the Washington Blade.

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Maryland

Gay former College Park mayor indicted on 80 counts of child porn

Grand jury adds 24 additional counts of felony ‘intent to distribute’ allegations

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Gay former College Park Mayor Patrick Wojahn faces 80 counts related to child pornography.

A Prince George’s County, Md., grand jury on March 28 issued an indictment charging gay former College Park mayor Patrick Wojahn with 80 counts of possession and intent to distribute child pornography.

The indictment comes just under four weeks after Prince George’s County police announced on March 2 that they had arrested Wojahn, 47, on 56 counts of possession and distribution of “child exploitive material.”

The former mayor and longtime LGBTQ rights advocate has been held in jail since the time of his arrest after a judge on March 6 denied his request for bail.

Police charging documents said Wojahn allegedly had uploaded and/or shared at least 56 videos or still images on the social media app Kik depicting explicit sexual acts between adult men and prepubescent boys, depicting prepubescent boys engaging in sex with each other or engaging in masturbation.

The initial charges filed against Wojahn by police and prosecutors with the Prince George’s County State’s Attorney’s Office included 40 misdemeanor counts of possession of child pornography and 16 felony counts of intent to distribute child porn, comprising a total of 56 counts.

But this week, Prince George’s County State’s Attorney Aisha Braveboy, the lead prosecutor in the case, issued a statement saying the grand jury on March 28 handed down 24 new counts of intent to distribute child porn.

The grand jury’s action, which usually comes at the request of prosecutors, brought the total number of counts against Wojahn to 80 – 40 for misdemeanor possession allegations and 40 for felony intent to distribute allegations.

“This is an unprecedented case in our county in which a former elected official has been accused of a crime of this nature,” Braveboy said in her statement. “The charges contained in the indictment are serious, and we will continue to work with law enforcement to investigate and follow any new leads that may be uncovered,” she said.

“It is important to note that the defendant is presumed innocent, and my office will continue to focus on achieving justice for the victims in this case,” Braveboy said.

At the time of his arrest, Wojahn issued his own statement announcing he had resigned from his position as mayor and was cooperating with authorities in their investigation into the charges against him. “I have cooperated fully, and will continue to cooperate fully,” he wrote.

Wojahn added, “I am stepping away to deal with my own mental health. I ask that you continue to keep me and my family in your prayers.”

In a charging document filed in court, P.G. County police said at the time of his arrest that Wojahn waived his Miranda rights to remain silent and provided police with a statement acknowledging having downloaded files containing child pornography.

Court records show Wojahn is scheduled to appear for a preliminary hearing following the indictment on April 21 in Prince George’s County Circuit Court in Upper Marlboro.

“The indictment was an expected next step in the case, which will now proceed in Circuit Court,” Wojahn’s attorney, David Moyse, told the Washington Blade in a brief statement. “Mr. Wojahn continues to cooperate with authorities and focus on his own mental health during this process,” Moyse said.

Wojahn’s arrest came as a shock to his colleagues on the College Park City Council, on which he served for eight years before winning election as mayor in 2016. The arrest also stunned LGBTQ rights advocates in D.C. and across the country, who had praised Wojahn’s advocacy work both locally and nationally for LGBTQ equality.

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Maryland

D.C. man charged in murder of trans teen outside Maryland bar

Victim’s family, police disagree over whether incident was hate crime

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Darryl Carlton Parks Jr. was arrested in the case of a trans woman who was shot to death in Maryland. (Photo courtesy St. Mary's County Sheriff's Office)

The St. Mary’s County, Md., Sheriff’s Office announced on Wednesday that it has charged a 29-year-old D.C. man with the March 24 shooting death of an 18-year-old transgender woman outside a bar in Mechanicsville, Md.

In an earlier announcement last week, the St. Mary’s Sheriff’s Office said Tasiyah Woodland of Lexington Park, Md., was found shot to death shortly after 1 a.m. in a parking lot outside the Big Dogs in Paradise bar and grill after “some type of confrontation” occurred.

The earlier announcement said investigators did not believe Woodland had been targeted for the murder because of her gender identity, although Woodland’s family members disputed that claim, saying they believed the murder was a hate crime.

In its announcement on Wednesday, March 29, the Sheriff’s Office said its Criminal Investigations Division on March 24 – the day of the murder – identified District resident Darryl Carlton Parks Jr. as a suspect in the case. Later that same day investigators obtained an arrest warrant for Parks, the announcement says.

On Tuesday, March 28, according to the latest announcement, the Sheriff’s investigators along with the assistance of the D.C. police Homicide Unit, located and apprehended Parks on the arrest warrant. He is being held in D.C. while he awaits extradition to St. Mary’s County, the announcement says.

It says Parks has been charged with First-Degree Murder, Second-Degree Murder, Firearm Use/Felony-Violent Crime, two counts of Reckless Endangerment from Car, and Illegal Possession of a Regulated Firearm.

The latest announcement does not disclose whether Sheriff’s Office investigators have determined a motive for the 18-year-old trans woman’s murder.

Woodland’s sister, Ty’aliyah Woodland, told News 4 Washington that she and members of her family believe the killing was a hate crime based, in part, on the fact that Woodland had been subjected to “hate” in the recent past because of her gender identity. Ty’aliyah Woodland told News 4 Washington that her sister was an outspoken person who sometimes got others upset.

“She was one of a kind. She had no filter. She told you what it was and what it wasn’t, and nobody like that,” Ty’aliyah Woodland told the TV news station. “I mean, she was the true definition of living life to the fullest.”

Sheriff’s Office spokesperson Jason Babcock told the Washington Blade on Wednesday that there were multiple witnesses who informed investigators that Tasiyah Woodland had been inside the Big Dogs in Paradise bar and reported a confrontation took place after Woodland left the bar and entered the parking lot.

“When she came back out there was some kind of confrontation between the suspect and the victim that led to the shooting,” Babcock said. “But they were not in a relationship, and the investigation has determined that the victim’s gender identity was not a factor in the shooting,” he said.

Babcock added that investigators determined the shooting took place while suspect Park was inside his own car, leading to one of the charges being Reckless Endangerment from Car.

“The Sheriff’s Office thanks the community for its assistance in this investigation and urges anyone with additional information to contact Deputy David Lawrence at 301-475-4200, ext. 78130,” the latest statement released by the office says.

In its earlier statement prior to the announcement this week of an arrest in the case, the Sheriff’s Office said its investigators had reached out to the victim’s family and to the LGBTQ community while its investigation was still under way.

It said the investigators had been “in regular contact” with members of Woodland’s family to offer support and updates on the investigation.

“The Sheriff’s Office has also been in contact with members of PFLAG Southern Maryland and the LGBTQ+ community to address concerns of personal and public safety,” the earlier statement said. “At this time, it does not appear that Woodland was targeted because of her gender identity,” it said.

PFLAG, or Parents and Friends of Lesbians and Gays, is a national organization with chapters in states and cities across the country.

Under Maryland law, people under the legal drinking age of 21 are allowed to patronize bars and other places that serve alcohol if they do not consume an alcoholic beverage. The Sheriff’s Office has said it was investigating whether Woodland was served alcohol, News 4 Washington reports.

Big Dogs Paradise Bar (Screen Capture via NBC4 Washington)
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District of Columbia

Concern over possible D.C. juvenile crime wave targeting LGBTQ victims

Anger, frustration at attorney general’s ‘Listening Session’ in Dupont Circle

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D.C. Attorney General Brian Schwalb’s office oversees prosecuting juveniles charged with committing crimes in the District, but critics say it’s a ‘catch-and-release’ system.

The rapidly growing number of violent crimes in the nation’s capital committed by juveniles armed with guns and knives that D.C. Mayor Muriel Bowser has called a juvenile crime emergency is surfacing in neighborhoods where LGBTQ people are likely being targeted, according to activists following local crime reports.

Concern over reports of cases where LGBTQ people may have been targeted for armed robberies and carjackings in the Dupont Circle area by juvenile assailants coming to the area from other parts of the city surfaced at a Feb. 28 Ward 2 Listening Session hosted by D.C. Attorney General Brian Schwalb.

The event, held at St. Thomas’ Parish Church in the Dupont Circle neighborhood, included strongly worded presentations from Dupont Circle Advisory Neighborhood Commissioner Vincent Slatt and former Dupont Circle ANC Commissioner Mike Silverstein, both of whom are longtime LGBTQ rights advocates.

The two told Schwalb, whose office oversees prosecuting juveniles charged with committing crimes in the District, that the city’s juvenile justice system appears to be failing to take adequate measures to address the juvenile crime problem.

Among the main concerns raised by Silverstein and Slatt as well as others is that the city’s criminal law pertaining to juvenile offenders has a strict confidentiality provision that prevents D.C. police and prosecutors with the D.C. Office of the Attorney General from publicly disclosing the outcome and disposition of cases in which a juvenile is arrested for a crime of violence or any other crime.

Activists raising this concern have said they do not want authorities to disclose the identity of juveniles charged with crimes. But what they would like to know, Silverstein and Slatt said, is whether officials like Attorney General Schwalb and members of the D.C. Council will take steps to change the law to allow the disclosure of the outcome of juvenile cases.

“Last year there were 1,400 juvenile arrests and 56 percent of those who were arrested had guns,” said Silverstein, whose remarks were recorded on a video taken by Peter Semler, editor and owner of the Capitol Intelligence Group news organization.

“These are children with guns,” Silverstein continued. “Seventy-five percent of those arrested for carjacking last year were kids, were children,” he told Schwalb. “And people are questioning, you know, where is the prosecution?”

Schwalb responded by saying he would consider asking the D.C. Council to pass legislation allowing the public disclosure of the disposition of juvenile criminal cases, but he did not commit to doing so, according to Silverstein and others who attended the AG’s Listening Session.

A spokesperson for Schwalb did not respond to a request from the Washington Blade for a comment from the attorney general elaborating on any plans he may have to propose a change in the law as requested by activists speaking at the Feb. 28 Listening Session.

In his remarks at the Listening Session, Slatt, who serves as co-chair of the city’s ANC Rainbow Caucus, said he and other Dupont Circle residents were especially troubled that they have not been able to determine the status of the prosecution or whether a prosecution took place for three juvenile males arrested for committing four separate armed robberies in the Dupont Circle area within about 30 minutes on Sunday evening, Jan. 29.

Slatt said he and others alarmed over the incidents have not been able to determine whether any of the victims are members of the LGBTQ community or whether any of the incidents might be hate crimes.  

D.C. police released a statement announcing that detectives had arrested three juvenile males for allegedly committing the armed robberies in different nearby locations between 9:45 and 10:14 p.m. on Jan. 29. The police statement says two of the juveniles were 16 years old and the other was 15.

The police statement lists the offenses allegedly committed by the youths as Attempted Armed Robbery, Armed Robbery (Gun), Assault with a Dangerous Weapon (Gun), and Armed Robbery (Gun). It says the 15-year-old was additionally charged with Carrying a Pistol Without a License, and Possession of a Large Capacity Ammunition Feeding Device.

“The ongoing question about youth crime and youth getting re-released is a major thing in the city right now,” Slatt told the Blade. “And as you know, they won’t release information about these cases,” he said. “And also, they’re not letting us know is this a hate crime?”

Slatt added, “And so we don’t know when they are gay related. And there is no way for us in the gay community to do community impact statements because we’re not allowed to follow these cases because of the anonymity protections on the youth criminals.”

He was referring to the longstanding process in the local D.C. court system for adult criminal cases where victims of a crime and members of the community, including members of the LGBTQ community, can submit to a judge a victim impact statement or community impact statement. 

The impact statements usually are submitted at the time a judge is about to hand down a sentence after the person charged with a particular crime has been convicted in a trial or pleads guilty as part of a plea bargain deal offered by prosecutors.

“My thing specifically is, is this a gay issue or not,” said Slatt. “Are they hiding that data or not? How can we even say these are hate crimes or not if we can’t even follow the cases, if we can’t say what it’s about?”

In a development that may come as a surprise to activists calling for the release of information about juvenile cases without releasing the identity of a juvenile, the controversial 450-page D.C. criminal code reform bill that Congress overturned earlier this month does not address in any way the city’s juvenile criminal code.

The Revised Criminal Code Act, which the Council passed unanimously last September and voted 12 to 1 to override Mayor Bowser’s veto of the bill, became the target of criticism from both Democratic and Republican members of Congress and from President Joe Biden because of several controversial provisions.

Among them are language calling for eliminating most mandatory minimum prison sentences, reducing the maximum sentence for crimes such as burglaries, carjackings, and robberies, and allowing jury trials for all misdemeanor cases in which a prison sentence is possible.

Bowser, who said she supported about 95 percent of the bill’s voluminous proposed overall of the city’s antiquated criminal code, has called on the Council to remove the provisions that triggered the reaction by Congress and a Democratic president to oppose the legislation in its original form.

Jinwoo Charles Park, executive director of the D.C. Criminal Code Reform Commission, which played a lead role in helping the D.C. Council draft the criminal code reform bill, said the Council limited the commission’s scope of work to the city’s adult criminal code when it created the commission in 2016.

According to Park, now that the commission finished most of its work on the criminal code bill for adults – with some changes needed to address the objections by Congress and Biden – the commission can look into possible changes in the criminal code’s provisions dealing with juveniles. He said he would support looking into such a revision for the juvenile code.

“I do think going forward there is a whole other part of the law that probably should be revised,” he said in referring to the juvenile provisions of the D.C. criminal code. “I’m not taking a position on that at this point. But I think it is an important project that does need to be tackled in coming years,” he said.

Bowser, meanwhile, stated at a Feb. 6 press conference in response to a question from the Washington Blade that she would support a revision in the juvenile code to allow the public disclosure of the outcome of juvenile cases with the identity of a juvenile charged in such a case remaining confidential.

“I would, and I say that with a lot of caveats because it is a complicated issue,” Bowser said. “But I agree with the sentiment,” she said, adding that the current blanket confidentiality in juvenile cases might also have a negative impact on other D.C. government agencies that provide services for juveniles.

Among those who have also said they would consider changing the city’s juvenile law to allow the outcome of juvenile cases to be disclosed to victims and possibly to the community is D.C. Council member Brooke Pinto (D-Ward 2). Pinto currently serves as chair of the Council’s Committee on the Judiciary and Public Safety, where any legislation calling for changing the juvenile criminal law will be sent for consideration and approval.

“It is something that the committee is looking at very closely and something that we’re going to try to make some actionable improvements on in the coming months,” Pinto told the Blade. But she said her focus would be “from the perspective of victims’ rights and what survivors need to have some resolution to their case.”

When asked if she would commit to having the disposition of juvenile cases disclosed to the public as well as to victims of juvenile related crimes, Pinto added, “I would say I’m committed to looking at it.” An important concern, she said, is to carefully balance the issue of youth privacy and making sure there is a just resolution to a case for all parties.

“The most important dynamic to me that I’m thinking about are the survivors and victims as well as government partners having access to this information,” she said. “But I am open minded to looking at this other piece to make sure that our communities can be kept safe and have the resolution that they need and deserve.”

The other Council members who serve on the Judiciary and Public Safety Committee who would join Pinto in deciding on whether to change the city’s juvenile criminal statute include Charles Allen (D-Ward 6), Anita Bonds (D-At-Large), Vincent Gray (D-Ward 7), and Christina Henderson (I-At-Large).

Among those expressing concern over the city’s juvenile justice system is Washington Post columnist Colbert King. In a Feb. 24 column, King reported that in response to his request, the Office of the D.C. Attorney General sent him data showing that out of 462 juvenile arrests made by D.C. police between Oct. 1, 2022, and Feb. 15, 2023, the AG’s office prosecuted only 295, or 64 percent, of the cases. Ninety-four of the cases, or 19 percent, were dropped for insufficient evidence, King said the AG’s office informed him.

According to King, 73 of the juvenile arrests during that period, or 16 percent, were dismissed and diverted to “alternative or no-incarceration programs or deferred sentencing agreements.”

Silverstein, the former Dupont Circle Advisory Neighborhood Commissioner and LGBTQ rights advocate, raised the issue of how many juvenile cases were being prosecuted or dropped in his remarks to D.C. Attorney General Schwalb at Schwalb’s Feb. 28 listening session.

“There is this growing belief, sir, and I’m not one of those who wants to lock everybody up or anything like that,” Silverstein said, “that people don’t believe it’s anything but catch and release, that people are getting away with this kind of stuff and there is no prosecution.”

Silverstein concluded his remarks telling Schwalb about an anti-gay hate crime that took place several years ago involving juvenile attackers.

“A gang of between 10 and 15 kids set upon two young gay men on U Street and beat the hell out of them, called them all kinds of homophobic names, and broke the bones around one of their eyes,” he said. “We never found out what happened to the kids – the three who were arrested. The rumor was they had to write a paper.”

Added Silverstein, “There’s no trust, sir, in the consequences. It breaks my heart because it plays to those who want to lock everybody up. I’m sorry if I had to spill my guts, but it scares the hell out of me.”

The audio part of the video recording of Silverstein’s remarks became mostly inaudible when Schwalb responded to Silverstein.

“He said he would consider the possibility of supporting some change in the confidentiality laws regarding the disposition phases, that he would consider supporting it,” Silverstein told the Blade in an interview. “And it was just word salad. It’s totally nonspecific and it is not a promise at all,” said Silverstein.

The Washington Blade will report Schwalb’s positions in greater detail on these issues if his office responds to the Blade’s request for comment by the attorney general.

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