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Marine murder case goes to jury

Prosecutor, defense argue over whether slaying was self-defense

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Marine Barracks, gay news, Washington Blade

A D.C. Superior Court jury is deliberating over a murder case that allegedly involved use of an anti-gay epithet. (Washington Blade file photo by Michael Key)

A D.C. Superior Court jury began deliberations on Friday over whether a 21-year-old former U.S. Marine should be found guilty of second degree murder while armed for stabbing a fellow Marine to death after allegedly shouting an anti-gay slur following an April 2012 altercation.

Pfc. Michael Poth, who has since been discharged from the Marines, has been held in jail since the time D.C. police arrested him on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocket knife on 8th Street, S.E., across the street from the Marine Barracks.

Bushong was pronounced dead less than an hour later after being taken to a hospital. An autopsy showed he died of a single knife wound that punctured his heart.

Gay congressional staff member Nishith Pandya, a friend of Bushong’s who emerged as a lead prosecution witness, testified that Poth called him and Bushong a “faggot” while the two stood with others on the sidewalk outside Mollie Malone’s restaurant and bar as Poth walked by.

Pandya, who works for U.S. Rep. Bobby Rush (D-Ill.), told the jury he’s gay and that he and Bushong, who was straight, were platonic friends.

Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, said Poth hurled the anti-gay slur with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab Bushong. Liebman cited testimony by witnesses that Poth became angry over a remark that Bushong made to Poth about an hour earlier when the two Marines first crossed paths on 8th Street.

A police report says Poth told D.C. police homicide detectives after the stabbing that Bushong called him a “boot,” a slang term used for a Marine just out of boot camp.

“Call me boots and the fight started,” the police report quoted Poth as saying. “He was talking shit so I stabbed him…I stabbed him because he punched me in the head,” the report quoted him as saying.

In his closing argument, Liebman pointed to a civilian witness who testified that she saw someone fitting Poth’s description walking along 8th Street saying to himself he was going to stab somebody. Liebman cited testimony by a police detective that Poth told police at the time of his arrest, upon learning that Bushong was being taken to a hospital, “Good, I hope he dies.”

The prosecutor said other witnesses, including Marine guards who were watching Poth walk past them on 8th Street and nearby streets prior to the stabbing, made it clear that Poth wanted to confront Bushong again and was walking up and down the street looking for him.

“You don’t get to claim self-defense when you proclaim intent to stab someone before you come into contact with them,” Liebman told the jury. “The law doesn’t allow you to use deadly force before you have contact” in a self-defense claim, Leibman said.

Poth’s attorney, Bernard Grimm, told the jury Poth acted in self-defense and that the stabbing came after Bushong and Pandya walked toward Poth at the time of the verbal altercation outside Mollie Malone’s. Grimm said the jury should be skeptical about Pandya’s claim that Poth made an anti-gay slur.

Grimm pointed out repeatedly that Poth, who weighs 140 pounds and is five-feet-seven inches tall, was far smaller than Bushong, who was over 6 feet tall and Pandya, who weighs more than 200 pounds.

He said one of several videos obtained from security cameras deployed by businesses along 8th Street suggested that Poth had been on the ground and stood up just before the stabbing. This corroborated Poth’s claim that Bushong punched him in the head and knocked him down and that Poth stabbed Bushong in self-defense, Grimm said.

Leibman and Grimm played video footage from security cameras of several of the businesses along the street, but none of the video footage captured the stabbing.

Grimm called Pandya’s testimony unreliable, saying that Pandya told police the person who stabbed Bushong was wearing khaki colored short pants when it was clear to all other witnesses that he was wearing blue jeans. He said Pandya, knowing that the stabbing took place after Bushong followed Poth and acted as the aggressor, didn’t want police to talk to Poth out of fear that it would become clear that his friend was the instigator of the fight that broke out between Bushong and Poth.

“He was in it up to his ears,” Grimm said. “He egged Bushong on.”

Grimm also reminded the jury that witnesses said Bushong was asked to leave one of the bars on 8th Street on the night of the incident because he was intoxicated and acting in a boisterous and disruptive manor.

“Someone said don’t let him get near anyone on the street,” Grimm told the jury, saying someone in the bar feared Bushong would hurt someone.

Liebman told the jury that although Pandya got the clothing description of Poth wrong, his testimony on what unfolded between Poth and Bushong was correct.

“Mr. Grimm wants you to believe that you can’t believe anything that Mr. Pandya said,” Liebman told the jury, including Pandya’s testimony that Poth used the word “faggot” to insult Bushong.

“Mr. Pandya is gay. Do you think he heard that right?” said Liebman. “You better believe it. He had no reason to make that up.”

The jury began its deliberations about 2 p.m. on Friday. Judge Russell Canan, who’s presiding over the trial, sent the jurors home for the weekend just before 5 p.m. They were scheduled to resume deliberations about 10 a.m. Monday.

A conviction on second-degree murder while armed carries a possible maximum sentence of 70 years in jail. If it finds Poth not guilty on the second-degree murder charge it has the option of finding him guilty of a lesser offense of manslaughter.

 

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Maryland

Supreme Court ruling against conversion therapy bans could affect Md. law

Then-Gov. Larry Hogan signed statute in 2018

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(Washington Blade photo by Michael Key)

By PAMELA WOOD, JOHN-JOHN WILLIAMS IV, and MADELEINE O’NEILL | The U.S. Supreme Court on Tuesday ruled against a law banning “conversion therapy” for LGBTQ kids in Colorado, a ruling that also could apply to Maryland’s ban on the discredited practice.

An 8-1 high court majority sided with a Christian counselor who argues the law banning talk therapy violates the First Amendment. The justices agreed that the law raises free speech concerns and sent it back to a lower court to decide whether it meets a legal standard that few laws pass.

Justice Neil Gorsuch, writing for the court’s majority, said the law “censors speech based on viewpoint.” The First Amendment, he wrote, “stands as a shield against any effort to enforce orthodoxy in thought or speech in this country.”

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

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District of Columbia

As mayor’s race takes shape, candidates endorse LGBTQ equality

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Among at least 10 candidates for D.C. mayor, former Council member Kenyan McDuffie and current Council member Janeese Lewis George are viewed as frontrunners. (Washington Blade photos by Michael Key)

Like nearly all recent D.C. elections, LGBTQ voters will be choosing a candidate for mayor in 2026 from a list of mostly strong LGBTQ rights supporters in the city’s June 16 primary. 

As of March 30, the D.C. Board of Elections’ list of candidates who submitted the required number of petition signatures for the June 16 primary ballot included 10 mayoral candidates: nine Democrats and one Statehood Green Party candidate.

Among those candidates, six, all Democrats, have issued statements expressing strong support for LGBTQ rights, including the two leading Democratic contenders, former D.C. Council member Kenyan McDuffie and current Council member Janeese Lewis George, who represents Ward 4.

One of the lesser-known Democratic candidates who released an LGBTQ supportive statement, Rini Sampath, a cyber security consultant, told the Washington Blade she identifies as queer, becoming one of the first known LGBTQ D.C. mayoral candidates to gain access to a major party primary ballot.

“We’re living in an extremely diverse community, an extremely unique community,” she told the Blade. “And being able to self-label, self-identify as queer is something that I just want to take pride in.”

Similar to McDuffie and Lewis George, Sampath released statements to the Blade and the Capital Stonewall Democrats, the city’s largest LGBTQ local political group, expressing support for LGBTQ rights and outlining plans for LGBTQ supportive policies if elected mayor.

Although many D.C. LGBTQ activists have said they have yet to decide whom to support for mayor, those who have decided appear to be divided between McDuffie and Lewis George. Most D.C. political observers consider McDuffie and Lewis George to be the two leading candidates in the mayoral race. 

The other Democratic mayoral contenders who have released statements expressing support on LGBTQ issues include Gary Goodweather, a local real estate manager and developer who has been actively campaigning at LGBTQ events; Vincent Orange, a former At-Large and Ward 5 D.C. Council member; and Kathy Henderson, a longtime Ward 5 community activist and elected Advisory Neighborhood Commissioner.    

The remaining two Democratic mayoral candidates, Hope Solomon, a former U.S. Department of Homeland Security contractor and Dupont Circle civic activist; and Ernest Johnson, a real estate broker and Ward 1 community activist, did not respond to inquiries from the Blade and Capital Stonewall Democrats seeking information about their position on LGBTQ related issues.

Robert Gross, the Statehood Green Party candidate who is running unopposed in the June 16 primary, also didn’t respond to inquires from the Blade about his position on LGBTQ issues.

D.C. Board of Elections records show that at least five Republican candidates filed papers to run for mayor in the June 16 GOP primary, but none of them remained as candidates as of March 30, when the election board issued its updated candidate list.

Just one of the five Republican candidates replied to an email message from the Washington Blade sent to all mayoral candidates in early March seeking their position on LGBTQ issues. That candidate, Esa Muhammad, whose website identifies him as an engineer, consultant, and local business owner, sent a reply expressing opposition to LGBTQ rights.

“Unfortunately, I do not support LGBTQ because The God only created 2 genders (Adam/Eve),” he wrote. “Anyway, I will be fair to you all despite your sick way of looking at life,” he stated.

Capital Stonewall Democrats President Stevie McCarty said his group sent questionnaires to all the Democratic mayoral candidates as well as to Democrats running for other offices such as D.C. Council. Information posted on the group’s website shows only four of the mayoral candidates returned a complete questionnaire: McDuffie, Lewis George, Goodweather, and Sampath.  

Each of them provides detailed information of their plans for supporting LGBTQ policies if elected and their record of support on LGBTQ issues. McCarty said the questionnaire responses for all candidates that submitted them can be accessed at outvotedc.org.

He said Capital Stonewall Democrats will hold virtual LGBTQ forums in April, including a mayoral forum on April 8. He said the group’s members will vote on the candidate endorsements online from April 20 through May 11, and the group expects to announce its endorsements May 14.

GLAA DC, formerly known as the Gay and Lesbian Activists Alliance of Washington, has issued candidate ratings for most D.C. elections since the 1970s, and the nonpartisan LGBTQ group was expected to issue ratings for mayoral candidates this year. But like in recent years, the group is expected to base its ratings on mostly non-LGBTQ issues, with a progressive, left-leaning perspective, according to a nine-page “Back to Basics GLAA Policy Brief 2026” that the group released in March. 

The LGBTQ activists who are backing McDuffie or Lewis George appear to be gravitating to the two based on their political leanings separate from LGBTQ issues, just like voters in general. Lewis George, who identifies as a democratic socialist, is popular among LGBTQ and non-LGBTQ “progressives.” 

McDuffie, who is seen as a more moderate candidate along the lines of current D.C. Mayor Muriel Bowser, is being supported by LGBTQ activists who hold those views, some of whom currently work in the Bowser administration.

Among Lewis George’s LGBTQ supporters are longtime Ward 8 community leader Philip Pannell and former Capital Stonewall Democrats president Howard Garrett. Among the LGBTQ McDuffie backers are longtime D.C. Democratic activists John Fanning and David Meadows. 

Longtime D.C. LGBTQ Democratic Party activist Peter Rosenstein, who is supporting McDuffie, has raised concerns about Lewis George’s backing by the national group Democratic Socialists of America. In Facebook postings, Rosenstein points to the Democratic Socialists of America’s opposition to Israel as a country and said it is viewed by many in the Jewish community as promoting antisemitism. He has criticized Lewis George for not speaking out against that and for accepting the DSA’s endorsement.

In an interview with the Blade, Lewis George strongly disputed that assessment, saying she has been a strong ally and supporter of the Jewish community.

“I’m a member of the Metro DSA here in D.C. that I work with to fight for labor and for tenant rights,” she said. “I’m also a member of the Democratic Party,” she added, saying, “There are things that the Democratic Party does that I don’t agree with. There are things that the national DSA does that I don’t agree with. That’s a group that I work with.”  

“But I want to be clear that I am running for mayor to represent all of our community, and that includes our amazing and historical Jewish community here in D.C.,” she said. “I have had the amazing opportunity to spend time at synagogues and talking to Jewish leaders and groups and institutions. And so, there should be no worry here.”

Following are short excerpts from the detailed statements five of the nine Democratic mayoral candidates submitted to the Capital Stonewall Democrats or the Washington Blade.

Kenyan McDuffie: “As mayor, every piece of legislation I sign, craft, or endorse should also encompass the interest and input of the LGBTQ community members and advocates…From housing to health care and everything in between… We have a dire crisis regarding the rise in homelessness especially among the youth in our LGBTQ communities. In my administration that simply cannot be the status quo and will not be…I have been  a consistent champion for our LGBTQ community and will remain so as Mayor of D.C.’

Janeese Lewis George: “As mayor, I will protect our LGBTQ+ neighbors against federal attacks on their identity, including their health care…On the Council I have been a strong  supporter of pro-LGBTQ+ bills, including making D.C. a sanctuary for people seeking gender-affirming health care as well as addressing discrimination and harassment in nightlife and hospitality…And as mayor, I am prepared to move up and win those fights – a fight for D.C. statehood, a fight for our true economy, and a real opportunity to uplift our Black queer and trans youth.”

Gary Goodweather: “A Goodweather administration will defend every D.C. law protecting LGBTQ residents. I will establish a Defend DC office to coordinate the District’s legal and public response to federal overreach, with LGBTQ+ protections explicitly within its mandate…My affordable D.C. plan will produce 50,000 new homes with 36,000 affordable units, and I will ensure LGBTQ+ youth housing programs are funded as a budget priority.”

Rini Sampath: “I am an immigrant, proud queer woman, and a 10-year resident of Washington, D.C…For me, LGBTQ+ voters including transgender and nonbinary residents, are not a separate or symbolic constituency; they are a core part of a broader, multiracial, cross-ward coalition rooted in in equity and opportunity.”

Vincent Orange: “I have a long and consistent record of supporting LGBTQ+ equality and inclusion in the District of Columbia, grounded in both policy and personal commitment. As the District’s Democratic Committeeman from 2006 to 2015, I publicly supported marriage equality and voted accordingly … During my time on the D.C. Council, I worked to advance protections for LGBTQ+ residents, including authoring and passing legislation to prohibit discrimination against transgender individuals in the workplace.”

Kathy Henderson: Kathy Henderson has maintained a consistent record of treating all members of the community with dignity, compassion, and respect, regardless of gender, race, ethnicity, sexual orientation, identity, political party, national origin, or ideology. Kathy Henderson embraced the late Wanda Alston as a colleague and good friend…Alston was the first director of the Mayor’s Office of LGBTQ Affairs and Henderson helped to organize and facilitate the first LGBTQ citizens summit.”  

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D.C.’s affirming congregations to mark Holy Week, Easter

Dignity Washington among groups holding events

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Foundry United Methodist holds two Easter Sunday services at 9 and 11:15 a.m. (Washington Blade photo by Michael Key)

LGBTQ-friendly congregations in the D.C. area this week are marking Easter and Holy Week.

The Metropolitan Community Church of Washington, D.C., located in Mount Vernon Square, holds both online and in-person services. 

An online-only Good Friday service will take place on April 3 at 7 p.m. In person or online Resurrection Sunday services will take place on April 5 at 10:30 a.m.

Dignity Washington, an LGBTQ Catholic group, is also holding Holy Week and Easter events.

The group on March 29 held a Palm Sunday prayer event. Dignity Washington on April 5 will hold a Mass at St. Margaret’s Episcopal Church at 6 p.m. It will be livestreamed on Facebook.

Foundry United Methodist Church holds two Easter Sunday services at 9 and 11:15 a.m.

Riverside Baptist Church, located in Southwest Washington, is an “Inclusive, Multicultural, Christ-Centered” congregation that also offers Holy Week and Easter activities. 

The church on Good Friday at 3 p.m. is holding an outreach period in which they will clean up the neighborhood. Easter Sunday services will be held at 9:45 a.m., starting with a musical prelude, followed by services. 

The church offers weekly “Wednesday Witness,” a youth and safety zone drop-in, serving as a safe space for the students of Jefferson Middle School and the community. It takes place from 3-5 p.m.

The DC LGBTQ+ Community Center offers a comprehensive list of inclusive faith communities on its website. The Association of Welcoming and Affirming Baptists offers a list of churches partnered with their organization that are inclusive and mainly Baptist, but the group does feature churches of other denominations.

The 18th National Rainbow Seder took place at the Human Rights Campaign on March 29. The sold out event is the country’s largest Passover Seder for the Jewish LGBTQ community.

Organizations behind the event included Bet Mishpachah, a local D.C. LGBTQ synagogue that Rabbi Jake Singer-Beilin leads, and GLOE, an Edlavitch DC Jewish Community Center program that sponsors events for the queer Jewish community. The theme for this year’s Seder was “Liberation for All Who Journey: Remembering, Resisting, Rebuilding.” Rabbis Atara Cohen, Koach Frazier, and Avigayil Halpern led it. 

The Seder honored the late GLOE co-chair Michael Singer. Singer also served on the Edlavitch DC Jewish Community Center’s board.

“This Seder is both a celebration of how far we have come and a call to continue building a more just and inclusive world.” Bet Mishpachah Executive Director Joshua Maxey told the Washington Blade.

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