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Hearing postponed for gay D.C. gym owner charged with distributing child porn

Prosecutors call for Everts to be held in jail until trial

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Michael Everts will likely remain in jail until a Jan. 10 hearing in his case. (Washington Blade file photo by Michael Key)

A detention hearing scheduled for Monday, Dec. 4, in which a judge would decide whether gay D.C. gym owner Michael Everts should remain in jail or be released while he awaits a trial on a charge of distribution of child pornography was postponed with no immediate date set to reschedule it.

However, records with the U.S. District Court for the District of Columbia, before which the case is being held, show that Evertsā€™s defense attorney later in the day on Dec. 4 filed a motion in which Everts waived his right to a detention hearing and requested that a preliminary hearing be scheduled on Jan. 10, 2024.

In his motion, defense attorney David Benowitz says the lead prosecutor with the Office of the U.S. Attorney for D.C. does not oppose this request. As of Tuesday morning, the magistrate judge presiding over the case had not ruled on Benowitzā€™s motion.

But an entry in the court record on  Wednesday, Dec. 5, states that Magistrate Judge G. Michael Harvey approved the motion and agreed to set the date for the preliminary hearing on Jan. 10 at 4 p.m. The court record shows that Magistrate Judge Robin M. Meriweather will preside over the preliminary hearing, in which prosecutors must present evidence, sometimes through testimony by witnesses, that probable cause or sufficient evidence exists to proceed to a trial. Meriweather will issue a ruling on whether probable cause exists.

Everts has been held without bond since the time of his arrest on Nov. 29 on a single charge of distribution of child pornography following a joint D.C. police-FBI investigation that led to his arrest.

He has owned and operated the FIT Personal Training gym located at 1633 Q St., N.W., near Dupont Circle since its opening in 2002.

Court records show that Benowitz filed a motion on Dec. 3 seeking a one-day postponement of the detention hearing to give him time to review the evidence presented by prosecutors with the U.S. Attorneyā€™s office. But Benowitzā€™s second motion waiving Evertsā€™s right to a detention hearing and calling for a preliminary hearing on Jan. 10 appears to have voided his first motion and will result in Everts being held in jail until at least the time of the preliminary hearing in January.  

“Mr. Everts has been advised of his rights under the Speedy Trial Act (“STA”) and agrees to toll the time under the STA until the next hearing in this matter,” Benowitz’s second motion states.Ā 

On Dec. 1, Assistant U.S. Attorney Jocelyn Bond, the lead prosecutor in the case, filed a 20-page Memorandum In Support of Pretrial Detention that describes the governmentā€™s evidence against Everts and argues strongly in favor of having Everts held in custody at least until the time of his trial.

ā€œDistribution of Child Pornography is a crime of violence and there is no condition or combination of conditions that will reasonably assure the safety of children in the community ā€“ both in the physical world and online ā€“ if Mr. Everts is released,ā€ the memorandum states.

The memorandum notes that Evertsā€™s arrest came about after an employee at the gay and bi hookup site Sniffies alerted the FBI that a Sniffies user was exchanging messages with other users expressing an interest in images of underage boys for sexual gratification. A joint FBI and D.C. police investigation traced the messages to Everts, according to an arrest affidavit and the U.S. Attorneyā€™s memo.

The affidavit and memo point out that an undercover D.C. police detective working with the FBI and posing as someone interested in underage boys contacted Everts through the Sniffies site and a social media messaging address of @ethaneffex. The undercover detective, who is identified in charging documents as the ā€œonline covert employeeā€ or ā€œOCE,ā€ engaged in messaging with Everts that prompted Everts to send the OCE video and photo images of child pornography, the arrest affidavit and memo state.

The memo seeking pretrial detention for Everts says Everts went beyond just expressing interest in viewing or sending the OCE child porn videos or photos but also described his interest in interacting with and possibly having sex with underage boys he knew.

ā€œOn multiple occasions he discussed his sexual interest in actual children that he encountered in his life, particularly emphasizing his desire to sexually abuse Minor 1 and noting that he had surreptitiously recorded Minor 1 at the playground in the past,ā€ the memorandum says.

ā€œNot only did he send photos of these children to someone whom he had reason to believe also had a sexual interest in children,ā€ the memo states, ā€œbut he sent multiple voice messages to the OCE reiterating his sexual interest in Minor 1 ā€“ as well as in Minor 2 and other unknown minors ā€” and describing the specific sexual acts he wanted to engage in with these minors.ā€

The memo adds, ā€œOnly amplifying his danger to children, Everts then bragged about having previously engaged in sex with a minor and his willingness to sexually abuse a child as young as 10 years old.ā€

Benowitz, Evertsā€™s attorney, didnā€™t immediately respond to a request by the Washington Blade for comment on the case and whether he or his client dispute any of the allegations against Everts brought by prosecutors.

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District of Columbia

Billy Porter, Keke Palmer, Ava Max to perform at Capital Pride

Concert to be held at annual festival on June 9

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Billy Porter (Photo courtesy of Republic Records)

The Capital Pride Alliance, the group that organizes D.C.ā€™s annual LGBTQ Pride events, announced this week the lineup of performers for the Sunday, June 9, Capital Pride Concert to be held during the Capital Pride Festival on Pennsylvania Avenue, N.W. near the U.S. Capitol.

Among the performers will be nationally acclaimed singers and recording artists Billy Porter and Keke Palmer, who will also serve as grand marshals for the Capital Pride Parade set to take place one day earlier on Saturday, June 8. 

The Capital Price announcement says the other lead performers will be Ava Max, Sapphira Cristal, and the pop female trio ExposƩ.

ā€œThe beloved pop icons will captivate audiences with upbeat performances coupled with their fierce advocacy for LGBTQ+ rights, echoing the vibrant spirit of this yearā€™s theme, ā€˜Totally Radical,ā€™ā€ according to a statement released by Capital Pride Alliance.

ā€œWith Billy Porter and Keke Palmer leading the parade as Grand Marshals, weā€™re not only honoring their incredible contributions to the LGBTQ+ community but also amplifying their voices as fierce advocates for equality and acceptance,ā€ Capital Pride Alliance Executive Director Ryan Bos said in the statement.

ā€œThe concert and festival serve as a platform to showcase the diverse array of LGBTQ+ talent, from the chart-topping hits of Ava Max to the iconic sounds of ExposĆ© and the electrifying performances of Sapphira Cristal,ā€ Bos said in the statement. ā€œCapital Pride 2024 promises to be a celebration like no other.ā€  

The concert will take place from 12-10 p.m. on the main stage and other stages across the four-block long festival site on Pennsylvania Avenue.  

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District of Columbia

200 turn out for ā€™Love Festā€™ Drag Story Hour at Freddieā€™s

Performer reads stories to kids and parents as three protest outside

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Freddieā€™s hosted a ā€˜Love Festā€™ Drag Story Hour on Saturday. (Washington Blade photo by Michael Key)

Between 200 and 250 people, including parents and their children, turned out on Saturday, May 4, for a ā€œLove Festā€ Drag Story Hour brunch hosted by the Arlington, Va., LGBTQ establishment Freddieā€™s Beach Bar and Restaurant.

Local drag performer Tara Hoot, who read childrenā€™s stories and handed out coloring books to the kids attending the event, was joined by members of the Gay Menā€™s Chorus of Washington, which sang several songs before Hoot began reading from childrenā€™s books in keeping with the tradition of drag queens conducting Drag Story Hour events across the country.

The May 4 event at Freddieā€™s in the Crystal City section of Arlington took place four weeks after the start of a similar event hosted by Freddieā€™s was delayed by a bomb threat, forcing those who had arrived  to exit through a rear door and wait in a parking lot as Arlington police conducted a search of the premises with a bomb sniffing dog. No trace of a bomb was found.

All the customers, including parents and their kids, were invited back inside and the show took place as planned.

Tara Hoot entertains at ‘Love Fest’ on Saturday. (Washington Blade photo by Michael Key)

No similar threat occurred at the May 4 event. But three male protesters assembled on the sidewalk next to the parking lot behind the Freddieā€™s building, with one of them shouting from a bullhorn passages from his Bible that he said indicated the Drag Story Hour event was an ā€œabomination.ā€

The three protesters were outnumbered by nearly a dozen counter protesters who were  members of the Rainbow Defense Coalition, an LGBTQ organization. They carried bright, rainbow-colored umbrellas while chanting messages of support for the Drag Story Hour event.

Freddie Lutz, Freddieā€™s Beach Bar owner, called the event a ā€œsmashing successā€ that brought an ā€œoutpouring of love from the community.ā€ Lutz released a flier on social media promoting the Love Fest event shortly after the earlier event interrupted by the bomb threat as a showing of love “to stop the hate.”

“Join us for the next story time brunch dressed in your favorite rainbow/hippie outfit” and “carry your favorite homemade signs of support,” Lutz said in his promotional flier. He came to the event dressed in what he called his hippie protest outfit.

Lutz said while the protesters did not interrupt the event, he was concerned that their shouting was scaring some of the kids as they and their parents walked by the protesters to enter Freddieā€™s.

ā€œI went out back and tried to talk to one of them and it was kind of like talking to a brick wall,ā€ Lutz told the Washington Blade. ā€œHe was screaming at the parents that were crossing their kids on the crosswalk,ā€ Lutz said. ā€œAnd I said, youā€™re screaming at those kids, youā€™re scaring them.ā€

Lutz said the man told him he was yelling at the parents, not the kids. ā€œAnd I said, no youā€™re not. The kids are hearing you. Youā€™re scaring them.ā€

Added Lutz, ā€œAnd to have such a fun-loving, happy show and then walk out on the sidewalk to that is very disheartening. Itā€™s really sad. I told him my God is a forgiving and loving God.ā€

One of the protesters, who declined to disclose his name, said he and his two fellow protesters came to talk about the gospel of Jesus Christ. 

ā€œWe want them to know this is an abomination to the Lord,ā€ he told the Blade. ā€œWe want them to know those children donā€™t have a voice and theyā€™re being brainwashed in there. Weā€™re here to call out their sin.ā€

A protester stands outside of Freddie’s Beach Bar in Arlington, Va. flanked by several LGBTQ rights supporters. (Washington Blade photo by Michael Key)

Stephanie Krenrich, who brought her two-year-old daughter to the event, said she strongly disputes the claims of the protesters.

ā€œI brought my daughter here because I think that it was a beautiful and wonderful show, and it was great for her,ā€ she said. ā€œAnd I think itā€™s pretty offensive when people come to Arlington and tell parents what to do, especially for something so beautiful and so fun and so wholesome,ā€ she told the Blade.

ā€œSo thatā€™s why I brought her,ā€ Krenrich said. ā€œI think that itā€™s really important that we stand up for our values and people just being themselves, being happy and being them.ā€

Among those who attended the event were four elected officials from Arlington ā€“ Virginia State Sen. Barbara Favola, Virginia State Del. Adele McClure, Arlington County Board member Maureen Coffee, and Arlington and Falls Church Stateā€™s Attorney Parisa Dehgani-Tafti.

Also attending was Nick Benton, editor and publisher of the LGBTQ supportive Falls Church, Va., News Press; and Kellen McBeth, president of the LGBTQ group Equality Arlington.

ā€œIt was fantastic to see so many people come out to support Freddieā€™s, to support the LGBTQ+ community,ā€ McBeth said. ā€œIt was a great event and weā€™re happy to be a part of it.ā€

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District of Columbia

Another successful Taste of Point fundraiser

Scholars praise financial, networking support

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Taste of Point was held last Thursday. (Washington Blade photo by Michael Key)

The Point Foundation hosted its annual Taste of Point DC fundraising event on Thursday with nine participating restaurants, a drag performance, and a silent auction. 

The event was hosted on the rooftop of the Room & Board on 14th Street, with an afterparty at Shakers. Point donors, scholars, and alumni circled the rooftop eating chips and guacamole from Mi Vida and drinking Pinot Grigio from Barkada. 

After about an hour of mingling the events began with event committee member, Kelly Horton and Kevin Kim Wright, chief of staff welcoming the crowd and speaking about the importance of their presence during this pivotal time in queer youth history. Then, Wright welcomed BIPOC Scholar Katherine Guerrero Rivera, saying she was a model of a Point scholar. 

ā€œWeā€™re always impressed with all of our scholars and Katherine is another example of a student who is deeply engaged in their campus life and a myriad of projects, everything from creating her own podcast to being a part of a number of student organizations.ā€ Wright said. 

Rivera said that the Point Foundation scholarship helps her resist the pressure to drop out. She pointed out that just over 50 percent of Latina students who attend college graduate. 

ā€œThe Point BIPOC Scholarship is not just financial support, Point has connected me with hundreds of people like me studying on campuses across the country.ā€ she said.

Rivera is a criminology major and poetics minor at University of Maryland and said she hopes to use her degree to bring knowledge to her community through art and advocacy. She said it is important for her to take academic jargon and make it accessible to her community. 

ā€œToo often, the history of LGBTQ and people are ignored and silenced during our education,ā€ she said. ā€œI want to use my access to higher education and the chance to develop my creative skills to bring light to societal issues.ā€

She finished her speech with applause for the audience, then Horton came back with drag queen Tara Hoot to discuss ways donors could continue to support the Point Foundation. 

After the lineup of events Wright said he felt great about the event, because it was a celebration of Pointā€™s scholars. 

ā€œSome are interning for United States senators, some are volunteering for leading national non-profits, so to be able to celebrate all thatā€™s being done here is truly amazing,ā€

Wright continued, thanking the D.C. restaurant community for consistently showing up in force to support Point. 

ā€œThis really helps to paint the picture that this movement is growing,ā€ he said. ā€œPeople believe in this mission to provide LGBTQ young people with the opportunity to pursue their higher education goals, to improve their leadership abilities and then go on to make a significant impact on society.ā€

CLICK HERE to see more photos from Taste of Point.

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