Local
3 gay men found not guilty in Wone case
Judge cites reasonable doubt; widow’s civil lawsuit up next
Katherine Wone, wife of slain attorney Robert Wone, has waited nearly four years for a criminal case stemming from her husband’s death to conclude. The trial is expected to end soon. (Washington Blade photo by Michael Key)
D.C. Superior Court Judge Lynn Leibovitz found three gay men charged with obstructing justice in the murder of attorney Robert Wone not guilty of all counts against them Tuesday.
Leibovitz, who read her lengthy decision in the case aloud to a packed courtroom, said that while she felt there was significant evidence implicating the defendants Joseph Price, Victor Zaborsky and Dylan Ward, there continued to exist a reasonable doubt on all charges against them.
“It is very probable that the government’s theory is correct, that even if the defendants did not participate in the murder, some or all of them knew enough about the circumstances of it to provide helpful information to law enforcement and have chosen to withhold that information for reasons of their own,” she said.
“Nevertheless, after lengthy analysis of the evidence, I conclude that the government has failed to prove beyond a reasonable doubt the essential elements of obstruction of justice as to Mr. Price, Mr. Zaborsky or Mr. Ward,” she said.
She said prosecutors similarly failed to prove beyond a reasonable doubt that the three defendants engaged in a conspiracy to obstruct justice or evidence tampering.
The decision, which took more than an hour for Leibovitz to recite, did not disclose the verdict until late in its reading.
Before announcing her verdict, Leibovitz led some observers to believe she was about to find the defendants guilty on at least some of the charges. With suspense building in the courtroom, she said the government proved beyond a reasonable doubt that Wone was not killed by an unknown intruder who entered the defendants’ house, where Wone was found stabbed to death in August 2006, as the defense has claimed.
“Despite the many suspicious and even damning circumstances, despite the implausibility of the intruder story, and despite the discordant and inappropriate demeanor and conduct of the defendants, I am constrained to conclude that the government has not eliminated, beyond a reasonable doubt, the real probability of what I have termed the ‘math problem’ in this case,” she said.
Leibovitz described the “math problem” as the government’s apparent inability to definitively prove which defendant committed which specific act of obstruction of justice, conspiracy to obstruct justice, and evidence tampering — the three charges on which the men were indicted more than two years ago.
Wone was found stabbed to death in a guest bedroom in the three defendants’ townhouse on Swann Street, N.W., near Dupont Circle, on Aug. 2, 2006. The four-year drama surrounding the case has captured the interest of the local gay community and as well as many in the larger D.C. area, prompting a large contingent of news outlets to provide extensive coverage of the case.
Defense attorney David Schertler, who represented Ward, urged Leibovitz in his closing argument last week to find the defendants not guilty based on what he called the government’s lack of sufficient evidence, saying the men have been in a “living nightmare” for four years.
But the ordeal faced by Price, Zaborsky and Ward is not likely to end soon. Kathy Wone, Robert Wone’s widow, has filed a $20 million wrongful death civil suit against the men on behalf of her husband, and that case is expected to start working its way through the judicial system shortly.
Unlike the criminal case, the burden of proof for a civil wrongful death suit is less stringent, making Kathy Wone’s chances of winning greater than that in the criminal case, court observers said.
Looking toward the Wone family members sitting in the courtroom, including Kathy Wone, Leibovitz said Tuesday that her adherence to the strict standards of probable cause probably would be “cold comfort to those who loved Robert Wone and wish for some measure of peace or justice, and I am extremely sorry for this.”
“I believe, however, that the reasonable doubt standard is essential to maintaining our criminal justice system as the fair and just system we wish it to be,” Leibovitz said. “I cite the wisdom of English jurist William Blackstone that it is ‘better that 10 guilty persons escape than that one innocent suffer.’”
Closing arguments in the case were heard last week. Assistant U.S. Attorney Glenn Kirschner, the trial’s lead prosecutor, noted at that time that Wone’s killer had yet to be identified because Price, Zaborsky and Ward “prevented the murder from being solved.”
He argued that the government’s case proved beyond a reasonable doubt that Wone was not killed by an unidentified intruder who entered the defendants’ house, as was claimed. Instead, Kirschner reiterated the government’s contention that the defendants know who killed Wone and engaged in a cover-up to protect that person.
Wone, a friend of the three men, was spending the night at their Dupont Circle area townhouse after working late at his nearby office.
Although he acknowledged that prosecutors could not prove who it was that killed Wone, Kirschner told Leibovitz that the totality of evidence “leaps out and screams” that the defense’s intruder theory is a “fabrication.”
All three defense attorneys fired back, saying that after five weeks of witness testimony, the government had failed to provide any evidence of a motive in the case and instead based its case on a long list of “suspicious” occurrences that don’t prove the defendants covered up a crime.
“We’ve been here five weeks and we’ve never seen any evidence of why these men would do this,” said Price’s attorney, Bernard Grimm, who noted the defendants had a warm and ongoing friendship with Wone and his wife.
“What the government has done is cobble together a patchwork of suspicious circumstances and make a fantastic leap to say this is a conspiracy to obstruct justice,” said David Schertler, Ward’s attorney. “None of these circumstances can be used to prove guilt beyond a reasonable doubt.”
In a statement to reporters outside the courthouse, Kirschner, said the Wone murder investigation remains open, prompting court observers to note that Price, Zaborsky and Ward could still be charged with murder, manslaughter or other homicide-related charges should more evidence surface in the case.
“We can only hope that further evidence continues to come to light that will allow us to move forward in the homicide investigation … to bring justice to the family of Robert Wone for whoever it was that killed Robert,” he said.
Kirschner added, “We respect and accept the judge’s verdict … It was thoughtful, it was well reasoned.”
Grimm told reporters Leibovitz said it best when she explained the importance of the government’s burden of proving guilt beyond a reasonable doubt.
“That’s the system of justice that we live in, and that’s what it is,” he said. “Other countries would die to have this system of justice.”
District of Columbia
Wanda Alston Foundation announces passing of founding executive director Brian Watson
D.C. activist praised as “passionate advocate” for homeless LGBTQ youth
The Wanda Alston Foundation, which provides housing and support services for homeless LGBTQ youth in the D.C. metro area, announced on July 20 that its founding executive director, Brian Watson, has passed away.
In a statement the Alston Foundation called Watson “one of Washington, D.C.,’s most passionate advocates for LGBTQ+ youth experiencing homelessness.”
Neither the statement nor others who knew Watson have disclosed the cause of death or his age. Longtime LGBTQ community activist Rayceen Pendarvis said she heard only that Watson’s passing followed “a long time illness.”
“The origins of the Wanda Alston Foundation can be traced to a meeting convened by then-Mayor Anthony Williams at the request of Wanda Alston, the Mayor’s Director of LGBTQ Affairs,” the statement says.
“During that meeting, Brian spoke powerfully about the growing crisis of homelessness among LGBTQ+ youth in the District of Columbia and the urgent need for dedicated housing and support services,” it says. “His advocacy helped crystalize a vision that every young person deserves a safe place to call home.”
The statement points out that following Alston’s untimely death, Watson joined other community leaders “to transform that vision into reality by establishing the Wanda Alston Foundation in her memory.”
It says that today the Alston Foundation “proudly carries forward the mission Brian helped create by providing emergency and transitional housing, counseling, workforce development, life-skills training, and other supportive services that empower LGBTQ+ youth to achieve stability, independence, and hope for the future.”
Watson’s LinkedIn page says he served as executive director of the Alston Foundation from July 2013 to March 2014. The Washington Blade reported in April 2014 that the Alston Foundation announced in a March 11, 2014, statement that Watson had resigned to “pursue other opportunities.”
His LinkedIn page shows he worked for or with in a supporting role three local nonprofit organizations since leaving the Alston Foundation, including serving from February 2019 to November 2019 as a Methamphetamine Services Specialist for the D.C. group HIPS, which provides services for drug users and sex workers.
According to his LinkedIn page, from October 2014 to “present,” he also served as Chief Innovation Officer for the Propel Foundation, Inc., which he described as a “501c3 nonprofit organization founded in D.C. that works to strengthen nonprofit organizations through fiscal sponsorship and capacity building.”
A Facebook posting by his brother, Vidale Watson, says his family will be making arrangements for a memorial service and will share the date, time, and location once the details have been finalized.
“There are no words to describe the heartbreak our family is feeling,” Vidale Watson wrote. “While we are grateful for every prayer, kind word, and act of support we’ve received over the past week, this loss is still incredibly fresh.”
Baltimore
The government pressured USA Rugby to ban transgender women. A Baltimore team refused to comply.
Ferals is a women’s-plus team within the Flamingos
By KYLE GOON | It was midmorning, and the March winds lashed against the faces of the players on the Ferals rugby team as they suited up at a park in Frederick. The turf was frozen.
Harper Ockert, 24, wrapped her left knee with tape, stabilizing her joint for the jarring hits to come. She had struggled to sleep the night before, but her anxiety was not strictly about the game.
She and her teammates were preparing to defy newly enacted rules set by the sport’s governing body. A nervous energy thrummed in her chest as she considered what her defiance meant.
Ockert is a transgender woman who plays for the Ferals — the women’s-plus team within the Baltimore Flamingos rugby club. Three of her teammates are trans women, too. They had played games for the Ferals before, but this match at Walnut Ridge Park was the team’s first since USA Rugby had shifted its policy to allow only people assigned female at birth to play women’s rugby.
The rest of this article can be found on the Baltimore Banner’s website.
Virginia
LGBTQ community center opens in Leesburg, Va.
Equality Loudoun holds ribbon-cutting ceremony at new space
A group of supporters crowded inside of the new Equality Loudoun Community Center in Leesburg, Va. on Saturday for an open house and ribbon-cutting ceremony. Air quality issues stemming from the wildfires in Canada required the ceremony to be held indoors. Local elected officials were joined by LGBTQ community organizers and supporters to mark the occasion.
The Virginia LGBTQ organization Equality Loudoun was founded in 2003 and organized the first Loudoun Pride Festival in 2022. The Equality Loudoun Community Center, located in the Village at Leesburg shopping area (1507 Dodona Terrace SE, Suite 105, Leesburg, Va.), will now house the organization’s community and youth programming.
“This is a day that we have anticipated for some time,” said Sean Murphy, Equality Loudoun vice president. “Equality Loudoun was founded in 2003 and has been migrating from place to place to wherever will have us to host our meetings, to host our gatherings. We are so grateful to our many, many allies that have provided space for us.”
Murphy continued, “We really have believed for a long time that it’s important for us to have a home, a place to anchor the community, a place for people to feel belonging, and a place for people to find one another, and find people who are like them and have something in common.”
Attendees of the ceremony included Leesburg Mayor Kelly Burk, Leesburg Vice Mayor Todd Cimino-Johnson, Leesburg District Supervisor Kristen C. Umstattd of the Loudoun County Board of Supervisors, and U.S. Rep. Suhas Subramanyam (D-Va.).
“I wish that there was a place like this when I was teaching,” Mayor Burk, a retired Loudoun County Public Schools special education teacher, told the crowd. “So often, I’d have a student, and there was nowhere to send them. They were looking around, trying to see: ‘who’s like me, where can I go, where can I relate, what is happening?’ Middle school is terrible for everybody. But it’s especially terrible if you’re different. And so, I congratulate you on the fact that you had the initiative to do this, the guts to continue it, and the tenacity to make it happen.”
Programming at the LGBTQ community center will include youth programming, game nights and support groups, according to Equality Loudoun Executive Director Katie Cash.
Cash told the Blade, “That’s actually a new thing that we’re branching into that we received a grant this year for: to focus on youth activities. So we’ll have youth support groups that we’re going to work with the Ryan Bartell organization on. Additionally, we’ll have other peer support groups that are run by organizations that are in the space. We’ll have craft nights, we’ll have activity nights, so it’ll be open for drop-in hours on different days as well. On top of normal programming that we’ve been doing as an organization, which can be a series of different craft [activities], social activities, game nights, movie nights, that we’ve been doing for years. Instead of hunting for locations.”
Equality Loudoun is primarily funded through donations, according to Cash. Those interested in supporting the work of the organization and community center can visit eqloco.org for more information.
When asked about future programming at the center, Cash told the Blade that they are seeking feedback from the community.
“We have all the dreams that we have for the space,” Cash said. “But everything’s built off of what kind of resources, what kind of events does the community want hosted? What will they come out for? What do they care about coming out for, and making sure that happens for them.”
Rep. Subramanyam told the Blade, “I’m just so excited about this community center. Equality Loudoun has been so instrumental to so many people in our community. And for them to finally have this center — and it’s been part of their vision for a long time — just is an incredible experience. So I’m so proud to be a supporter of them and I look forward to the center being a sanctuary and a place for people to turn to for many years to come.”
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Comings & Goings
