Local
Defense calls for new trial in Marine murder case
Judge postpones sentencing of ex-Marine who used anti-gay slur in stabbing


Witnesses said Lance Corp. Phillip Bushong was stabbed in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks. (Washington Blade file photo by Michael Key)
A D.C. Superior Court judge has postponed the sentencing of a former U.S.Ā Marine convicted in December of voluntary manslaughter for the April 2012 stabbing death of a fellow Marine following an altercation in which he reportedly called the victim an anti-gay name.
The postponement of the sentencing set for Feb. 7 came after Judge Russell Canan agreed to a request by defense attorney Bernard Grimm for more time to prepare a motion to request a new trial for his client, 22-year-old former Pfc. Michael Poth.
According to court records, Canan gave Grimm until March 24 to file his motion, known as a Rule 33 Motion, for a new trial. Canan directed prosecutors with the U.S. Attorneyās office to file a response to the defense motion by April 21.
It couldnāt immediately be determined whether Grimm, who represented Poth during the trial, cited a reason for seeking a new trial rather than appealing the conviction before the D.C. Court of Appeals.
A Superior Court jury found Poth guilty of voluntary manslaughter on Dec. 2 following a 9-day trial. The jury found him not guilty of a more serious charge of second-degree murder while armed.
Poth has been held in jail since his arrest on April 21, 2012, minutes after witnesses said he stabbed Lance Corp. Phillip Bushong, 23, in the upper chest with a pocketknife on 8th Street, S.E., across the street from the Marine Barracks.
Assistant U.S. Attorney Michael Liebman, the lead prosecutor in the case, stated at a pre-trial hearing last year that the stabbing appeared to be a hate crime. But the government never formally classified the case as a hate crime. Had it done so, the judge would have had an option of handing down a more severe sentence.
Liebman argued during the trial that Poth called Bushong a faggot when the two crossed paths on the street outside a bar on 8th Street near the barracks with the intent of provoking Bushong into a confrontation to give Poth an excuse to stab him.
He said the hurling of the anti-gay slur took place a short time after Bushong called Poth a āboot,ā a term used by Marines to describe a new recruit thatās considered an insult. Liebman argued that the ābootā remark angered Poth to such a degree that he made plans to track down Bushong after the two initially went their separate ways with the intent to stab him and kill him.
Grimm argued that Poth stabbed Bushong in self-defense after Bushong, who was taller and heavier than Poth, walked toward him with a friend and pulled back his arm with a clinched fist in an attempt to assault him.
The D.C. group Gays and Lesbians Opposing Violence planned to submit a victims impact statement to the judge at the time of the sentencing describing how Pothās use of an anti-gay slur immediately prior to the fatal stabbing had a negative impact on the LGBT community, according to GLOV co-chair Hassan Naveed.
Delaware
Flight attendants union endorses Sarah McBride
Del. lawmaker would be first transgender member of Congress

Delaware congressional candidate Sarah McBride has earned the support of the Association of Flight Attendants, the nationās most prominent flight attendant union.
Itās the second big labor endorsement for McBride after the United Food and Commercial Workers Local 27ās endorsement. The Association of Flight Attendants praised her for spearheading efforts to bring paid family and medical leave to Delaware, which will take effect in 2026.
āSarahās record in the Delaware Senate shows that she understands how to work collaboratively, build power and make big things happen,ā the unionās president, Sara Nelson, wrote in a press release shared exclusively with the Washington Blade. āThatās the kind of leader we need in Congress, and weāre proud to endorse her candidacy.ā
McBride also announced her support for creating a list of abusive passengers and banning them from flying. Each airline has a list of passengers banned from flying, but airlines donāt share the lists with each other, though Delta Air Lines has asked them, because of ālegal and operational challenges,ā as a representative for the airline industry trade group Airlines of America told a House committee in September 2021.
āRight now, someone can be violent towards a flight attendant or another passenger and walk directly off of that flight and onto one with a different airline to endanger more people,ā an Association of Flight Attendants spokesperson wrote in a statement.
The Protection from Abusive Passengers Act would put the Transportation Security Administration in charge of building the database of passengers fined or convicted of abuse and has bipartisan support but has sat idly in committee since March. It failed to pass last year, and civil rights groups including the American Civil Liberties Union have charged that the list would disproportionately target people of color and strip and a better step to reducing hostility would be making flights more comfortable. Reports of defiant and unruly passengers have more than doubled between 2019, before the COVID-19 pandemic, and 2022.
āI thank the Association of Flight Attendants for endorsing our campaign,ā McBride wrote in the press release. āItās important that we recognize and celebrate the symbiotic relationship between strong, unionized workforces and the continued growth of employers here in our state.ā
The union representing 50,000 flight attendants across 19 airlines is putting pressure on airlines to grant union demands in contract negotiations. At American Airlines, unionized flight attendants voted to authorize a strike ā putting pressure on the airline to accede to its demands. Flight attendants at Alaska Airlines say they are ready to strike but have not voted to authorize one yet. United Airlines flight attendants picketed at 19 airports around the country in August, ratcheting up the pressure.
The unionās endorsement adds to a growing list of McBride endorsements, including 21 Delaware legislators, the United Food and Commercial Workers, the Human Rights Campaign, EMILYās List, and Delaware Stonewall PAC. McBride, who would be the first openly transgender politician in Congress, has powerful connections in Washington ā including with the White House ā and is favored to win Delawareās lone House seat.
A poll commissioned by HRC shows her leading the pack of three candidates vying for the seat ā 44 percent of ālikely Democratic votersā told pollster company Change Research, which works with liberal organizations. The poll of 531 likely Delaware Democratic primary voters, though, was conducted only online ā meaning those with less familiarity or access to the internet may not have been counted ā and Change Researchās methodology for screening likely voters is unclear. The company also did not provide a breakdown of respondents by age, gender, and race, but says it uses an algorithm to make the results representative.
Nelson said McBrideās time in Delawareās state Senate shows her prowess in building power and working collaboratively.
āThatās the kind of leader we need in Congress, and weāre proud to endorse her candidacy,ā she wrote.
Virginia
Lawsuit seeks to force Virginia Beach schools to implement state guidelines for trans, nonbinary students
Va. Department of Education released new regulations in July

Two parents in Virginia Beach have filed a lawsuit that seeks to force the city’s school district to implement the state’s new guidelines for transgender and nonbinary students.
NBC Washington on Friday reported Cooper and Kirk, a D.C.-based law firm, filed the lawsuit in Virginia Beach Circuit Court.
The Virginia Department of Education in July announced the new guidelines for which Republican Gov. Glenn Youngkin asked. Arlington County Public Schools, Fairfax County Public Schools and Prince William County Schools are among the school districts that have refused to implement them.
Local
HME Consulting and Advocacy stands on frontline of LGBTQ policy
Heidi Ellis is a consultant who doesnāt take clients ānot aligned with my missionā

September is here, which means Congress and the D.C. Council return from their August recess and life for consultant Heidi Ellis quickly gets busy.
Her days are filled with negotiating with Council members, phone calls with clients, and policy planning for advocacy groups. The organizations she represents are looking to her to help them push policy and she hopes to guide them to victory.
Ellisās company, HME Consulting and Advocacy, came after years of working in the public and private sectors as a consultant. In 2019, Ellis decided to shift her focus to work that stood at the center of the intersections in which she lives. She sought to figure out how she could better serve her community as a Black queer Latino woman. Ellis recognized that there was a niche for mission-driven consulting in the District.
āI was sought out and recruited by a lot of organizations that wanted me and I took a beat, because I was like āDo I want to go back into a machine where even if I do effect change, I have to answer to someone?āāshe said, in reference to consulting agencies that were in pursuit of her talent. Ultimately, she decided against continuing her work under another company. āBy doing what I do, I have much more flexibility for one to say āYesā but also to say āNoā.ā
Although Ellis has considered going back to working in the corporate space, she still loves the flexibility of being able to be nimble as a private consultant.
Although Ellis doesnāt work entirely in the advocacy space, her consulting clients still align with her personal values. She joked that she differs strongly from the stereotypical money-driven D.C. consultant who sports Brooks Brothers suits on K Street.
āEven though I am a private consultant ⦠my work is very much mission driven,ā she said. āI donāt take any clients that are not aligned with my mission.ā
Her mission is simple, Ellis is ācommitted to elevating issues that sit at the nexus of education, mental health, LGBTQ+ individuals, and people of color.ā
āThe more marginalized you are, the more you suffer from the failures of policy and the gaps of service,ā she said.
As a consultant in the advocacy space, Ellis does the behind-the-scenes work for organizations to help correct these policy failures and close the gaps. Whether she is facilitating training for companies to better understand how to serve their LGBTQ communities, or she is on the frontline of education policy changes āā Ellis aims to only do work that she is passionate about.
She said that the balance of her combined passion and level-headedness help her to build trusting relationships with her clients and in the end, āGet stuff done.ā
Since starting her organization, some of her proudest work has been done with the DC LGBTQ+ Budget Coalition. The coalition is made up of more than 30 organizations that aim to advocate for investments and policy changes that affect LGBTQ lives. As a leader of this coalition, her services include policy support, facilitation, training, initiative development and organizational redesign. Since she began leading the coalition, they have raised more than $5 million of investments in LGBTQ programs.
Later this fall, she will work with the DC LGBTQ+ Budget Coalition along with the ANC Rainbow Caucus to convene the first LGBTQ+ Housing Summit from Nov. 29-30.
āThe one thing we all recognize is that housing is the common denominator of every other social affliction facing LGBTQ communities,ā she said.
At the summit they will focus on the barriers within the current housing system and explore revitalized approaches to dealing with the current housing market. To pre-register for the event, visit the LGBTQ+ Housing Summit website.
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