District of Columbia
D.C. man convicted in gay love triangle murders seeks new trial
Argues previous attorneys failed to provide adequate defense
A D.C. man who was convicted of first-degree premeditated murder while armed in 2017 for allegedly using a hammer to bludgeon to death his two roommates that witnesses said he had sexual relations with is asking a judge for a new trial.
A D.C. Superior Court jury found Jeffrey Bernard Neal, who was 24 at the time of the trial, guilty of murdering Leon Young, 22, and Delano Winfield, 23, who witnesses said were at one time his closest friends and roommates. The murders took place in June of 2014 inside a house in the city’s Shaw neighborhood that the three men shared, according to police and prosecutors.
Prosecutors with the Office of the U.S. Attorney for D.C. argued that the motive for the murders appeared to be related to a dispute between the three men over money needed to pay expenses for the house. Prosecutors said witnesses and physical evidence showed that Neal killed one of his two roommates over an argument and killed the other because he witnessed the first murder.
Neal’s lawyers argued during the trial that Neal killed Young in self-defense after Young confessed to having killed Winfield and lunged at Neal with a knife in a jealous rage. The lawyers argued that the murders were the result of a love triangle gone badly among the three men. According to the defense lawyers, Young, who had been romantically involved with Neal, believed Neal was switching his romantic interests toward Winfield.
In arguments that appeared to have swayed the jury, prosecutors said the evidence disproved Neal’s claim of self-defense and showed that Neal killed both men following a dispute over money.
Neal’s current attorney filed a motion in May of this year in D.C. Superior Court requesting the new trial on grounds that Neal’s defense attorneys at his 2017 trial failed to present evidence that could have changed the outcome of the verdict to not guilty.
“Mr. Neal’s Trial Counsel failed to either meaningfully consult or secure an expert to testify regarding records critical to Mr. Neal’s claim of self-defense, without providing any tactical or strategic justification, in violation of Mr. Neal’s fundamental right to effective assistance of counsel,” his current attorney, Jeffrey Green, stated in a May 5, 2022, motion requesting an evidentiary hearing seeking a new trial.
Court records show that Superior Court Chief Judge Anita Josey-Herring on May 9 issued an order requiring prosecutors to file a response to Green’s motion by Aug. 8, 2022.
District of Columbia
NYC Council candidate advocates for LGBTQ refugees
Edafe Okporo fled homophobic violence in Nigeria eight years ago
Edafe Okporo, an author and immigrant rights activist, on Sept. 26 headlined the 25th anniversary celebration of the Amica Center for Immigrant Rights, a nonprofit providing legal services to immigrants facing detention and deportation, at the National Museum of Women in the Arts.
Before taking the stage to read from his book “Asylum: A Memoir and Manifesto,” Okporo spoke to the Washington Blade about his experiences as an asylum seeker and the challenges faced by LGBTQ refugees in the U.S.
“Immigration detention centers are jails, but special jails for migrants,” Okporo, who is running for New York City Council, said.
In 2016, he was detained in an immigration detention center in Elizabeth, N.J., for more than five months. He had fled to the U.S. from his home country of Nigeria — which in 2014 criminalized same-sex relationships with penalties of up to 14 years in prison — after being beaten unconscious by a group of people who broke into his apartment and dragged him out onto the street. They had targeted him for helping found an LGBTQ rights organization.
He had imagined the U.S. as a place of safety and refuge, but after informing immigration officers he was seeking asylum, he was detained in a cell with 44 other inmates while officials evaluated his asylum plea.
He eventually won asylum with the help of immigration attorneys, but once he was released from detention, he initially experienced homelessness and a deep sense of isolation.
“In detention centers,” Okporo explained, “it’s hard for you to be able to have a sense of connection to American society.”
Today, he is the executive director of Refuge America, a nonprofit that aims to limit the time LGBTQ refugees like himself spend in detention centers by organizing Americans sponsors to secure housing and other needs before their arrival. Prior to founding the organization, he was the director of the RDJ shelter, New York City’s only full-time refuge for asylum-seekers and refugees.
Okporo noted that integrating into life in America can be especially challenging for LGBTQ refugees, many of whom come from countries where they had to hide their sexual orientation or gender identity. This often makes it difficult for them to open up and seek the services they need.
“They are thinking within the hierarchy of needs. ‘Can I tell the service provider that I’m gay?’ Then, ‘Can I tell them I’m HIV positive?’ Then, ‘Can I tell them that I need testosterone hormones?’” Okporo said.
He explained that the immigrant communities refugees might seek out for support might not be accepting of LGBTQ people. At the same time, however, the LGBTQ community in the U.S. “is very white-centric, especially in the coastal areas,” he said, contributing to a broader sense of isolation for some LGBTQ immigrants.
Through his work at the RDJ shelter and Refuge America, Okporo has been helping LGBTQ immigrants integrate into U.S. society. However, he noted that the scale of these organizations’ efforts is limited due to the fact that the “political narrative in America frowns upon immigration.”
“The narrative on immigrants is very toxic,” he said. “We have a presidential candidate who is anti-immigrant, and even the mayor of New York City is using ‘migrants versus New Yorkers.’”
New York City Mayor Eric Adams, who was indicted on federal corruption charges last week, called for the rollback of some of the city’s “sanctuary” policies that protect migrants accused of crimes from being turned over to federal authorities, including Immigration and Customs Enforcement officers, in February.
Okporo is running to represent District 7, which includes the Manhattan neighborhoods of Washington Heights and West Harlem — where the RDJ shelter is located — in the 2025 New York City Council elections. He aims to make housing more affordable and address the needs of New York City’s significant immigrant population in the council.
“They say representation is one of the best ways to lift up issues. We don’t have anyone in city hall right now who has an understanding of what it is to come to America and build a life in New York City. I hope to bring that diversity and perspective to city council,” he said.
In the section of the book he read from at the Amica Center’s celebration, he reflects on feeling “utterly alone in America,” when he first arrived.
But eight years later, following protests by advocacy groups against the detention center where Okporo was held, the facility is poised to close. And Okporo has found his community in New York City, sharing dinner with fellow gay immigrants and playing soccer with others on Sunday mornings.
“As a foreigner who came to America, I was able to build a life here, and people see me, people support me — people want me to succeed. That gives me a sense of like, there is a reason to continually go on,” he said. “And that is what I try to do with my work, to show others that they too, should go on.”
District of Columbia
Trans employee awarded $930,000 in lawsuit against D.C. McDonald’s
Jury finds franchise failed to stop harassment, retaliation by staff
A D.C. Superior Court jury on Aug. 15 ordered a company that owned and operated a McDonald’s restaurant franchise in Northwest Washington to pay $930,000 in damages to a transgender employee who charged in a lawsuit that she was subjected to discrimination, harassment, and retaliation because of her gender identity in violation of the D.C. Human Rights Act.
The lawsuit, which was filed in January 2021 by attorneys representing Diana Portillo Medrano, says Medrano was first hired to work at the McDonald’s at 5948 Georgia Ave., N.W. in 2011 as a customer service representative and was recognized and promoted for good work until she began to transition as a trans woman two years later.
It says she was fired in 2016 after she filed a discrimination complaint with the D.C. Office of Human Rights on grounds that she did not have legal authorization to work in the U.S. as an immigrant from El Salvador. One of her attorneys, Jonathan Puth, said the jury agreed with the lawsuit’s allegation that the reason given for the firing was a “pretext” and the real reason was retaliation for her discrimination complaint.
Puth said evidence was presented during the eight-day civil trial that the McDonald’s had knowingly hired other immigrant employees who did not have legal authorization to work and never held that against them.
“Despite a successful five-year career with McDonald’s marked by raises, promotions, and awards and absence of discipline, Plaintiff Diana Medrano’s supervisors and co-workers subjected her to a barrage of taunts, laughter, ridicule, and harassment because she is a transgender woman,” the lawsuit states.
“Managers and supervisors routinely referred to her as male despite her expressed request that they respect her gender identity as female, encouraging co-workers to harass her relentlessly in like fashion,” it says. “When she complained to her managers, they claimed Ithat the harassment was justified because she hadn’t legally changed her name,” the lawsuit’s complaint continues.
“After she formalized and elevated her complaints, Defendants fired her on pretextual grounds. Defendants discriminated against Ms. Medrano because of her gender identity and retaliated against her in violation of the District of Columbia Human Rights Act,” the lawsuit complaint states.
The lawsuit names as defendants International Golden Foods LLC and MCI Golden Foods LLC, two companies based in Burke, Va. that it says were owned and operated by Luis Gavignano, who is also named as a defendant in the lawsuit. The lawsuit says the two companies held the franchise rights to own and operate the McDonald’s where Medrano worked.
The Washington Blade’s attempts to reach a spokesperson for the two companies and for Gavignano as well as two of the attorneys that represented them in contesting the lawsuit through email and phone messages were unsuccessful.
In a nine-page written answer to the lawsuit filed Feb. 12, 2021, on behalf of International Golden Foods, which is referred to as IGF, attorneys Amy M. Heerink and Kelvin Newsome dispute the allegations that Medrano was targeted for discrimination and harassment because of her gender identity.
The written answer to the complaint highlights the company’s claim that Medrano was fired because she didn’t have legal authority to work in the U.S. It refers to the company’s personnel official, Carla Vega, who informed Medrano that she could no longer work for the McDonald’s outlet.
“IGF admits that Ms. Vega informed Plaintiff that her employment had to be terminated due to Plaintiff’s voluntary and unprompted statement during the investigation that she was not authorized to work in the United States,” the written answer to the lawsuit states. “IGF admits that Plaintiff’s employment was terminated based on her ineligibility to work in the United States,” it says.
“The jury clearly found that IGF continually used unauthorized employees, hired and employed unauthorized workers knowingly,” Puth, Madrano’s attorney, told the Blade. “And they never fired anyone for that reason at any of their stores except for Diana,” Puth said.
“And so, the jury found that the reason given was a pretext for retaliation,” he said. “That was what was motivating them. They were motivated to retaliate against her because she kept complaining about discrimination.”
Puth noted that Medrano initially filed her complaint with the D.C. Office of Human Rights and was represented at that time by an attorney with Whitman-Walker Health’s legal clinic. He said Whitman-Walker later referred her to his law firm, Correia & Puth, after determining the case could not be resolved at the Office of Human Rights.
The jury’s verdict of $930,000 in damages included $700,000 in punitive damages and $230,000 in damages for the emotional distress Medrano suffered due to the discrimination and harassment to which she was subjected.
A statement released by the law firm representing her says the action by the jury is believed to be the first jury verdict in a transgender employment discrimination case under the D.C. Human Rights Act.
Attorney Puth and his law firm partner, attorney Andrew Adelman, were the attorneys of record representing Medrano in her lawsuit.
“When you are sure of what you have experienced, no matter how much time passes, the truth will come to light,” Medrano said in the statement released by her attorneys. “Our truth is our best weapon to achieve justice,” she said. “It is truth, justice, and faith in God that have helped me get here.”
In his law firm’s statement, Puth called the jury’s verdict a vindication of Medrano’s 11-year battle for her legal rights.
“Diana is our hero,” he said. “She stood up for her rights in the face of terrible harassment and kept fighting even after she was fired for doing so. This verdict puts other employers on notice that tolerating harassment of transgender employees is both unlawful and costly.”
Puth said earlier this year Medrano was approved for U.S. political asylum based on discrimination and harassment she faced in El Salvador. He said she is currently working full-time as a counselor for Empoderate, an LGBTQ health organization providing services for the Latina/Latino community that is affiliated with the D.C.-based La Clinica del Pueblo.
District of Columbia
Man charged with assaulting gay men in D.C.’s Meridian Hill Park acquitted
Defense lawyer argued victims misidentified defendant
A U.S. District Court jury in D.C. on Sept. 27 found a Virginia man not guilty of multiple charges that he assaulted five men, four of whom he believed to be gay, with pepper spray between 2018 and 2021 in D.C.’s Meridian Hill Park, which is also known as Malcolm X Park.
The verdict came a little over two years after a federal grand jury handed down an indictment charging Michael Thomas Pruden, 50, with five counts of assault on federal park land, one count of impersonating a federal officer, and a hate crime designation alleging that he assaulted four of the men because of their perceived sexual orientation.
The indictment states, and witnesses at the trial testified, that Meridian Hill Park is well known as a “cruising” place where men seek out other men for consenting sexual encounters during nighttime hours.
“Michael Thomas Pruden frequented Meridian Hill Park after nightfall on multiple occasions, including those described below, assaulted men in Meridian Hill Park by approaching them with a flashlight, giving them police-style commands, and spaying them with a chemical irritant,” the indictment states. The indictment was handed down by a federal grand jury on June 29, 2022.
Court records show that Pruden was arrested two weeks later on July 14, 2022, in Norfolk, Va., where he was living at that time. Records show he had been living in Oxon Hill, Md., at the time he allegedly committed the assaults in Meridian Hill Park.
Reports surfaced at the time of Pruden’s arrest that he is a former Maryland elementary school teacher.
Pruden’s lead attorney, Alexis Morgan Gardner, who is an assistant federal public defender, argued during the trial that Pruden himself is a gay man who regularly visited Meridian Hill Park. She told the jury that Pruden was misidentified as the perpetrator in the attacks by each of the victims who testified that they recognized Pruden as their attacker.
The two lead prosecutors in the case, Assistant U.S. Attorneys Andrew Cherry and Timothy Visser, argued that each of the victims who testified at the trial identified Pruden as the person who sprayed them with pepper spray after shining a flashlight in their eyes. The prosecutors pointed out that during an investigation of the assaults by the U.S. Park Police, each of the victims identified Pruden from an array of photos that included photos of several other men and Pruden.
The prosecutors noted that Meridian Hill Park is among the federal parks in D.C. that U.S. Park Police oversee.
The victims testified that their attacker identified himself as a police officer or a security guard and gave them police-like commands to leave the park on grounds that it is closed to the public after nightfall.
But during intense cross examination of the victims on the witness stand, Gardner argued that each of their accounts of the attacks during their trial testimony conflicted with statements they made to police or FBI agents, who also became involved in the investigation, at the time they were interviewed by either police or the FBI during the investigation.
At one point during Gardner’s questioning one of the victims, Carl Williams, Williams yelled at Gardner, angrily saying he believed the police reports of his account of what happened were inaccurate in some of the details and that his statements during his trial testimony were the correct version of what happened at the park on the night he says he was assaulted by Pruden.
“I’m not sure what I may have said,” he told Gardner while testifying. “I did not say it the way it was written,” he said, referring to a police report that Gardner told the jury had conflicting information from what Williams said when he was questioned by one of the prosecutors on the witness stand.
Gardner also pointed out that Williams himself has been charged and convicted of violating park rules at Meridian Hill Park by going there at night when it was legally “closed’ to the public.
The jury’s verdict came on the second day of its deliberations and after U.S. District Court Judge Jia M. Cobb instructed the jury that, as in all criminal cases, they should not render a verdict of guilt unless they believe the evidence presented by the government proved the defendant committed the crimes beyond a reasonable doubt.
Pruden’s acquittal on Sept. 27 marked the second time he has been acquitted by a jury in a trial on charges that he targeted gay men for assault in a park.
In September 2021, a U.S. District Court jury in Alexandria, Va., found him not guilty of a charge of assault with a dangerous weapon for allegedly pepper spraying and striking in the head with a tree branch a man in Daingerfield Island park in Alexandria. That park is also known as a gay male cruising site.
Federal court records in Virginia show that the Daingerfield Island assault took place on March 21, 2021, five days before the D.C. grand jury indictment against Prudent says he allegedly assaulted the fifth victim in the Meridian Hill Park attacks on March 26, 2021.
During the trial in the Meridian Hill case, Cherry and Visser argued that any inconsistencies between the testimony by the victims and their statements to police investigators two years or more earlier did not change the overall evidence that proved beyond a reasonable doubt that Pruden committed each of the offenses he was charged with.
The jury’s decision to acquit Pruden on all charges indicates jurors believed Gardner and co-defense attorney Courtney Millian from the Office of the Federal Public Defender for D.C. provided sufficient evidence that prosecutors did not prove their case beyond a reasonable doubt.
Gardner did not respond to a request from the Washington Blade for comment on the jury’s verdict.
Although the U.S. Attorney’s Office for D.C. almost always issues a press release announcing a jury conviction in cases that it prosecutes, in this case spokesperson Patricia Hartman said no statement would be released.
“We respect the jury’s decision,” Hartman told the Blade.