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Proposed ‘gag order’ in Wone case draws objections

Court papers pertain to pending $20 million wrongful death civil suit

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Four D.C. area news outlets filed court papers Monday objecting to a motion filed last month by the defense in the Robert Wone civil trial asking a judge to prohibit all lawyers involved in the case from speaking to the news media.

In a little noticed development, attorneys representing gay defendants Joseph Price, Victor Zaborsky and Dylan Ward filed an Oct. 8 motion in D.C. Superior Court asking for an order barring the attorneys from making “extra-judicial statements” about the case to anyone outside the courtroom.

“Most of the media coverage has clearly implicated the defendants of some wrongdoing, premised upon multiple inaccurate and untruthful assertions of the Metropolitan Police Department (“MPD”) and the U.S. Attorney General’s Office for the District of Columbia,” the defense motion states.

“The press coverage is necessarily having the effect of poisoning the jury pool, which [threatens] to make it impossible for the defendants to find an impartial jury,” it says.

The three defendants have been named in a $20 million wrongful death lawsuit in connection with the 2006 murder of D.C. attorney Robert Wone, who was stabbed to death in their upscale townhouse near Dupont Circle.

Earlier this year, a Superior Court judge found the men not guilty of conspiracy, obstruction of justice and evidence tampering in connection with the murder. No one has been charged with the murder.

The men have said an intruder killed Wone after entering the house while the three were asleep in their bedrooms and while Wone spent the night in a guest bedroom at the house after working late at his nearby office. Wone and the men were longtime friends.

In a motion filed Monday, the D.C. blog Who Murdered Robert Wone, Washingtonian magazine and Allbritton Communications Company on behalf of WJLA-TV, News Channel 8, and the recently created local news website TBD.com asked the court for permission to intervene as third party opponents of the defense motion.

“The gag order, if granted, would constitute a prior restraint on speech that would strip media interveners’ First Amendment rights by barring them from speaking with either party’s counsel to gather information about the case,” the media outlets said in the motion.

“To safeguard their constitutionally protected rights to gather and report on news, which would be obliterated if the gag order is entered, media interveners respectfully move this court for permission to intervene … so they can oppose the gag order’s overbroad and unconstitutional prior restraint of speech,” the motion says.

In their motion seeking the order barring the lawyers from speaking about the case outside the courtroom, the attorneys representing the gay defendants cited an example of what they called a highly inappropriate statement by an attorney representing Katherine Wone, Robert Wone’s widow and the lead plaintiff in the case.

“On September 16, 2010, one of plaintiff’s attorneys, Patrick M. Regan, addressed a collection of reporters outside the court house, where he made numerous statements about the case, including the following quote: ‘Defendants don’t assert their fifth amendment rights if they are not guilty of something.’”

Regan was referring to an earlier statement in court by defense attorneys that the three defendants planned to decline to answer questions on the witness stand at trial by invoking their Fifth Amendment right not to make self-incriminating statements in a legal proceeding.

“This patently incorrect and inflammatory statement served no legitimate litigation purpose, but its public dissemination likely caused substantial prejudice to the defendants by ‘poisoning the well’ of potential jurors,” the defense motion says.

Attorneys representing the media outlets disputed that assertion. They noted that the civil trial is not scheduled to take place for at least a year and that the court process for screening potential jurors would prevent the selection of jurors incapable of rendering an impartial verdict.

They also noted that defense attorneys made strong statements to the media denouncing the government’s evidence and arguments during the criminal trial, where the defendants exercised their right not to testify.

Katherine Wone’s attorneys filed a separate motion on Oct. 25 opposing the gag order proposal.

“For more than four years defendanrts and their counsel have actively sought to use the media to convince the public that their clients had no involvement in Robert Wone’s murder and coverup,” the Wone attorneys’ motion says. “Plainly, defendants have enjoyed their ‘right to present their side of a dispute to the pblic…’ Mrs. Wone should not now be denied that same right.”

Superior Court Judge Brook Hedge is expected to issue a ruling on the media outlets’ motion to intervene and on the defense motion to bar the lawyers from discussing the case outside the courtroom within the next several weeks.

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Virginia

Gay Va. State Sen. Ebbin resigns for role in Spanberger administration

Veteran lawmaker will step down in February

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Virginia State Sen. Adam Ebbin will step down effective Feb. 18. (Washington Blade file photo by Michael K. Lavers)

Alexandria Democrat Adam Ebbin, who has served as an openly gay member of the Virginia Legislature since 2004, announced on Jan. 7 that he is resigning from his seat in the State Senate to take a job in the administration of Gov.-Elect Abigail Spanberger.

Since 2012, Ebbin has been a member of the Virginia Senate for the 39th District representing parts of Alexandria, Arlington, and Fairfax counties. He served in the Virginia House of Delegates representing Alexandria from 2004 to 2012, becoming the state’s first out gay lawmaker.

His announcement says he submitted his resignation from his Senate position effective Feb. 18 to join the Spanberger administration as a senior adviser at the Virginia Cannabis Control Authority.

“I’m grateful to have the benefit of Senator Ebbin’s policy expertise continuing to serve the people of Virginia, and I look forward to working with him to prioritize public safety and public health,” Spanberger said in Ebbin’s announcement statement.

She was referring to the lead role Ebbin has played in the Virginia Legislature’s approval in 2020 of legislation decriminalizing marijuana and the subsequent approval in 2021of a bill legalizing recreational use and possession of marijuana for adults 21 years of age and older. But the Virginia Legislature has yet to pass legislation facilitating the retail sale of marijuana for recreational use and limits sales to purchases at licensed medical marijuana dispensaries.   

“I share Governor-elect Spanberger’s goal that adults 21 and over who choose to use cannabis, and those who use it for medical treatment, have access to a well-tested, accurately labeled product, free from contamination,” Ebbin said in his statement. “2026 is the year we will move cannabis sales off the street corner and behind the age-verified counter,” he said.   

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Maryland

Steny Hoyer, the longest-serving House Democrat, to retire from Congress

Md. congressman served for years in party leadership

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At 86, Steny Hoyer is the latest in a generation of senior-most leaders stepping aside, making way for a new era of lawmakers eager to take on governing. (Photo by KT Kanazawich for the Baltimore Banner)

By ASSOCIATED PRESS and LISA MASCARO | Rep. Steny Hoyer of Maryland, the longest-serving Democrat in Congress and once a rival to become House speaker, will announce Thursday he is set to retire at the end of his term.

Hoyer, who served for years in party leadership and helped steer Democrats through some of their most significant legislative victories, is set to deliver a House floor speech about his decision, according to a person familiar with the situation and granted anonymity to discuss it.

“Tune in,” Hoyer said on social media. He confirmed his retirement plans in an interview with the Washington Post.

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

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District of Columbia

Kennedy Center renaming triggers backlash

Artists who cancel shows threatened; calls for funding boycott grow

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Richard Grenell, president of the Kennedy Center, threatened to sue a performer who canceled a holiday show. (Washington Blade photo by Michael Key)

Efforts to rename the Kennedy Center to add President Trump’s name to the D.C. arts institution continue to spark backlash.

A new petition from Qommittee , a national network of drag artists and allies led by survivors of hate crimes, calls on Kennedy Center donors to suspend funding to the center until “artistic independence is restored, and to redirect support to banned or censored artists.”

“While Trump won’t back down, the donors who contribute nearly $100 million annually to the Kennedy Center can afford to take a stand,” the petition reads. “Money talks. When donors fund censorship, they don’t just harm one institution – they tell marginalized communities their stories don’t deserve to be told.”

The petition can be found here.

Meanwhile, a decision by several prominent musicians and jazz performers to cancel their shows at the recently renamed Trump-Kennedy Center in D.C. planned for Christmas Eve and New Year’s Eve has drawn the ire of the Center’s president, Richard Grenell.

Grenell, a gay supporter of President Donald Trump who served as U.S. ambassador to Germany during Trump’s first term as president, was named Kennedy Center president last year by its board of directors that had been appointed by Trump.    

Last month the board voted to change the official name of the center from the John F. Kennedy Memorial Center For The Performing Arts to the Donald J. Trump And The John F. Kennedy Memorial Center For The Performing Arts. The revised name has been installed on the outside wall of the center’s building but is not official because any name change would require congressional action. 

According to a report by the New York Times, Grenell informed jazz musician Chuck Redd, who cancelled a 2025 Christmas Eve concert that he has hosted at the Kennedy Center for nearly 20 years in response to the name change, that Grenell planned to arrange for the center to file a lawsuit against him for the cancellation.

“Your decision to withdraw at the last moment — explicitly in response to the Center’s recent renaming, which honors President Trump’s extraordinary efforts to save this national treasure — is classic intolerance and very costly to a non-profit arts institution,” the Times quoted Grenell as saying in a letter to Redd.

“This is your official notice that we will seek $1 million in damages from you for this political stunt,” the Times quoted Grenell’s letter as saying.

A spokesperson for the Trump-Kennedy Center did not immediately respond to an inquiry from the Washington Blade asking if the center still planned to file that lawsuit and whether it planned to file suits against some of the other musicians who recently cancelled their performances following the name change. 

In a follow-up story published on Dec. 29, the New York Times reported that a prominent jazz ensemble and a New York dance company had canceled performances scheduled to take place on New Year’s Eve at the Kennedy Center.

The Times reported the jazz ensemble called The Cookers did not give a reason for the cancellation in a statement it released, but its drummer, Billy Hart, told the Times the center’s name change “evidently” played a role in the decision to cancel the performance.

Grenell released a statement on Dec. 29 calling these and other performers who cancelled their shows “far left political activists” who he said had been booked by the Kennedy Center’s previous leadership.

“Boycotting the arts to show you support the arts is a form of derangement syndrome,” the Times quoted him as saying in his statement.

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