Connect with us

Local

D.C. police target gay men in online sting

Effort called unfair as cop uses drugs, ‘perv boy’ to entice users; at least 20 arrested

Published

on

Cathy Lanier

D.C. Police Chief Cathy Lanier said she is aware of the sting and supports it through the department’s participation in an Internet Crimes Against Children Task Force.. (Washington Blade file photo by Michael Key)

The Federal Public Defender for the District of Columbia has alleged that D.C. police and the U.S. Attorney’s office have unfairly targeted gay men in an Internet sting operation seeking to arrest men who “entice” or “persuade” juveniles for sex.

In a little noticed brief filed in federal court last May, Assistant Public Defender for D.C. Jonathan Jeffress said that with full approval from the U.S. Attorney’s office, a D.C. police detective posing undercover as an adult gay man has targeted gay men for sex-with-minor arrests on adult gay websites that have “no history or reputation as locations where minors go online.”

The brief was filed under Jeffress’ name along with the name of A.J. Kramer, the Federal Public Defender for D.C., who is responsible for managing a staff of public defender attorneys that represent indigent clients before the U.S. District Court for the District of Columbia.

Jeffress told the Blade that among the sites targeted in the sting are Gay.com, BarebackRT.com, and SexPigs.com, which are widely known as dating and sex hookup sites for adult gay men. He said he knows of at least 20 arrests of gay men in the sting operation in which the undercover detective met the men through these websites.

These figures are far lower than the actual numbers of arrests through this sting, Jeffress said, because many of the arrested men likely retain private attorneys and their cases don’t pass through the Federal Public Defender’s office.

William Miller, a spokesperson for the U.S. Attorney’s office, said that since 2005, his office has prosecuted 68 cases “in which defendants were arrested in investigations in which an undercover officer poses as an adult pedophile who has access to a child (girl or boy).” He said that of the 68 cases, “about half involved defendants attempting to exploit boys and about half involved defendants attempting to exploit girls.”

Miller cited a court brief filed by the government in opposition to the Federal Public Defender’s brief, which disputes the allegations made by the public defender, calling them “baseless.” The government brief says the allegations and legal arguments made by the Federal Public Defender are not supported by past court decisions that upheld the legality of similar sting operations in other jurisdictions.

Jeffress, however, noted that a federal judge in D.C. supported the Federal Public Defender’s arguments last month when he acquitted a gay male defendant ensnared in one the sting arrests.

Jeffress said D.C. police Det. Timothy Palchak has made nearly all of the arrests in the sting operation.

According to court records and police charging documents, the undercover detective posts a profile on one of the websites indicating his interest in meeting someone for sex, describing himself as 40 years old, “athletic,” 6-feet-2 inches tall, 200-209 pounds, and “versatile.” In at least one case, he described himself as a “no limit perv” into taboos, including “yng,” meaning young people.

Court records show the detective informs those who respond to his posting through emails or instant messages using known code words or abbreviations that he’s into drugs, including crystal meth, and invites the men to his place for sex with him.

A police charging document for one of the cases says the detective mentioned to one of the men responding to his profile that he has available to him a 12-year-old “perv boy” who “loves” to be penetrated in anal sex.

Police and prosecutors have said in court papers the “boy” is fictitious and that the men targeted in the sting have never been in contact with an actual juvenile or with the fictitious boy — only with the detective posing as an adult who claims to have access to the boy.

In his court brief, Jeffress said many of the men arrested in the sting are heavy drug users, including crystal meth addicts, and have consented to engaging in sex with the detective and the juvenile for the purpose of “going along” with the detective, who they think is a willing adult sex partner, as a means of obtaining drugs.

“Instead of apprehending the Internet predator who is actively seeking children online — such as the kind of defendant one sees time after time in the cases from other districts — the U.S. Attorney’s Office is instead arresting gay men interacting in adults-only chat rooms that have no history or reputation as locations where minors go online,” Jeffress said in his brief.

“Moreover, instead of arresting individuals who have attempted to persuade minors, the arrests are of defendants who have been persuaded by the UC [undercover detective] to meet him and the fictitious minor for drugs and sex,” the brief says.

The brief adds, “[A]s the government is fully aware, the defendants in these cases are often struggling with meth use, and are therefore agreeing to the UC’s propositions not because they are pedophiles but because they are compulsive and exceedingly susceptible to the power of the UC’s suggestions, particularly on sexual matters. These defendants are also powerfully motivated by the UC’s dangling of meth as a ‘carrot’ to reward their travel to the meeting place.”

By meeting place, Jeffress was referring to a place that Det. Palchak arranges for the men targeted in the sting to meet him and the fictitious juvenile for sex and drugs. The targeted men are arrested immediately or shortly after they arrive at the designated meeting place, court records show.

Jeffress’ brief, filed in U.S. District Court for the District of Columbia, called on a federal judge to dismiss a charge against a Canadian gay man ensnared in the sting in March 2011 during his visit to D.C. on the way home from Fort Lauderdale. Police and prosecutors charged Ivan Nitschke, 47, under a federal anti-pedophile statute that calls for a mandatory minimum sentence of 10 years in jail and a maximum sentence of life in prison.

The statute, referred to in court documents as 18 U.S. Code, Sec. 2422(b), is aimed at apprehending online predators who seek out sex with minors.

U.S. District Court Judge James Boasberg agreed to a pre-trial defense motion to dismiss that charge against Nitschke last May. Following a non-jury trial last month, Boasberg found Nitschke not-guilty on a separate charge of traveling with the intent to engage in illicit sexual conduct.

Boasberg ordered Nitschke released from jail, where he had been held without bail since his arrest on March 24, 2011.

The brief says Nitschke, an admitted methamphetamine addict, was arrested after he responded to a posting by Det. Palchak on BarebackRT.com.

In delivering his verdict in the Nitschke case, Judge Boasberg said he found the defendant, who testified at the trial, to be credible and honest in admitting to his addiction to crystal meth and being into promiscuous sex with multiple adult partners during his visit to D.C.

Boasberg said the defense proved beyond a reasonable doubt that Nitschke was not a pedophile and his stated agreement to join the undercover detective in a sexual encounter with the fictitious 12-year-old boy was motivated by his desire to obtain drugs from the detective posing as an adult sex partner.

“So at the end of the day, for all these reasons, in this case I strongly question the government, whether the government has even met the preponderance standard here,” Boasberg said from the bench. “And I thus have no hesitation in pronouncing a verdict of not guilty for the defendant.”

Miller, the spokesperson for the U.S. Attorney in D.C., said his office has no comment on the verdict in the Nitschke case.

He said the arrests in the sting have been part of a joint effort between the U.S. Attorney’s office, D.C. police, and the FBI through the FBI’s Child Exploitation Task Force, which he said places a high priority on combating the sexual exploitation of minors.

“When the task force learns that pedophiles are using otherwise legitimate websites to seek out children to exploit, it does not hesitate to use those sites to identify these criminals,” Miller said in a statement to the Blade. “Our office has no interest in targeting those seeking out consensual adult relationships, but remains committed to identifying and stopping those individuals who are intent on sexually exploiting children.”

He said that of the 68 “sting” cases prosecuted by the U.S. Attorney’s office in D.C. since 2005, 66 of the defendants were convicted, one case was dismissed, and just one defendant, Nitschke, was acquitted by a judge. Miller did not break down these numbers between the defendants that pleaded guilty as part of a plea bargain offer and those, if any, who were convicted in a trial.

D.C. Police Chief Cathy Lanier, when asked about the sting, told the Blade she is aware of it and supports it through the department’s participation in an Internet Crimes Against Children Task Force created by the U.S. Department of Justice. The FBI is also a participant in the Task Force.

“The goal of the unit is to protect children against predators,” Lanier said, in referring to a D.C. police Internet Crimes Against Children unit to which Det. Palchak is assigned. “The group that is targeted is pedophiles,” she said. “Anyone that agrees to have sex with a child should be arrested and prosecuted.”

Lanier said Palchak and the ICAC unit “looks at several websites and does not target any one in particular…No one website is targeted,” she told the Blade in an email.

In a police charging document against Nitschke, Det. Palchak said that Nitschke initiated a private email chat with the detective in response to the detective’s profile on the website, which has since been identified as BareBackRT.com. In one of his messages, Palchak said he was getting off work at 3 p.m. “and meeting my lil perv boy that I met over the summer for a few hours. He is young so if that is not your thing we can hook up after he leaves.”

In his charging document, Palchak quotes Nitschke as responding, “Hey bud…said I was into that in my first message…fuck yeah…how old is he?” Palchak responded that the boy had not yet turned 13 and added that the boy was very “cool, vers and freaky” and “loves to be fucked and bred,” the charging document says.

It says Nitschke responded, “…yeah…into all that…and ready to join in.”

In explaining his not-guilty verdict for Nitschke, Judge Boasberg said this type of dialogue, standing alone, suggested Nitschke may have been interested in sex with the fictitious boy. But the judge said the preponderance of evidence established a “context” showing that Nitschke was not into sex with minors and that his overarching aim was to seek out drugs from the detective.

Boasberg noted that evidence submitted by the defense showed that he had been in online chats with half-a-dozen or more other men during the days prior to his online meeting with Det. Palchak. In all of those exchanges the defendants’ interest was sex with people around his age and drugs, not sex with a juvenile, Boasberg said in his lengthy verdict, which has been transcribed.

“[H]is actions show that meeting Detective Palchak is something he is barely interested in,” Boasberg said in explaining his verdict. “If you look at his actions, not what he said in the chat, but what he did,” said the judge, “it just doesn’t show someone who is interested in sex with children.”

It could not be immediately determined whether the U.S. Attorney’s office has asked Det. Palchak to change his tactics in communicating with men on the gay adult websites as a means of carrying out the sting operation following Boasberg’s not-guilty verdict in the Nitschke case.

The concerns raised by the Federal Public Defender about the possible targeting of gay men in a child-sex sting come at a time when LGBT activists have complained that the U.S. Attorney’s office has lowered charges in plea bargain arrangements for people arrested for committing violent crimes against LGBT people, especially transgender women, during the past several years.

Jeffress said the Federal Public Defender’s office has represented about a dozen gay men arrested in the sting operation whom the undercover detective met through various adult gay websites. He said he knows of at least 10 more arrests made through online contact between the detective and the defendants, with at least some through Gay.com.

In his court brief, Jeffress said prosecutors in the D.C. U.S. Attorney’s office typically charge the men arrested in the sting under 18 U.S. Code 2422(b), which carries a mandatory minimum sentence of 10 years and a maximum of life in prison, as a way to intimidate them into pleading guilty to a lower charge.

The lower charge often consists of a federal statute outlawing traveling in interstate or foreign commerce “for the purpose of engaging in illicit sexual conduct with another person.” That statute carries no minimum sentence and includes a maximum sentence of 30 years. Jeffress’ brief says in most cases, judges follow federal sentencing guidelines, which call for sentences for first offenders of between 46 and 57 months in jail.

The brief says the action by the men ensnared in the sting does not appear to meet the threshold for an arrest under the more severe charge, 18 U.S. Code 2422(b), which states, “Whoever, using the mail or any facility or means of interstate or foreign commerce … knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years and or for life.”

Advertisement
FUND LGBTQ JOURNALISM
SIGN UP FOR E-BLAST

District of Columbia

Two charged with assaulting, robbing gay man at D.C. CVS store

Incident occurred after suspects, victim ‘exchanged words’ at bar

Published

on

D.C. police just after 1 a.m. on April 10 arrested two men for allegedly assaulting and robbing a gay man inside a CVS store at 1418 P St., N.W., according to a police report and charging documents filed in D.C. Superior Court.

The charging documents state that the alleged assault and robbery occurred a short time after the three men “exchanged words” at the gay bar Number 9, which is located across the street from the CVS.

The arrested men are identified in the charging documents as Marquel Jose Diaz, 27, of Northwest D.C., and Lorenzo Jesse Scafidi, 21, of Elizabeth City, N.C. An affidavit in support of the arrest for Diaz says Diaz and the victim “were previously in a relationship for a year.”

Court records show Diaz was charged with Simple Assault, Theft Second Degree, and Possession of a Controlled Substance. The court records show the controlled substance charge was filed by police after Diaz was found to be in possession of a powdered substance that tested positive for cocaine.

Scafidi was charged with Simple Assault and Theft Second Degree, the court records show.

The D.C. police report for the incident does not list it as a suspected hate crime. 

The court records show both men pleaded not guilty to the charges against them at a Superior Court arraignment on the day of their arrest on April 10. The records show they were released by a judge while awaiting trial with an order that they “stay away” from the victim. They are scheduled to return to court for a status hearing on May 21.

The separate police-filed affidavits in support of the arrests of both Diaz and Scafidi each state that the two men and the victim “exchanged words” inside the Number 9 bar. The two documents state that both men then entered the CVS store after the victim went to the store a short time earlier.

Scafidi “came into the CVS shortly after and entered the candy aisle and slammed Complainant 1 [the victim] to the ground causing Complainant 1’s phone to fall out of CP-1’s pocket,” one of the two affidavits says. It says Scafidi “again picked up CP-1 and slammed him to the ground.”

The affidavit in support of Diaz’s arrest says Diaz also followed the victim to the CVS store after words were exchanged at the bar. It says that after Scafidi allegedly knocked the victim down in the candy aisle Diaz picked up the victim’s phone, “swung on” the victim “while he was still on the ground,” and picked up the victim’s watch before he and Scafidi fled the scene.

Without saying why, the two arrest affidavits say Diaz and Scafidi returned to the scene and were arrested by police after the victim and at least one witness identified them as having assaulted and robbed the victim.

Attorneys representing the two arrested men did not respond to phone messages from the Washington Blade seeking comment and asking whether their clients dispute the allegations against them.

The victim also did not respond to attempts by the Blade to obtain a comment from him. The police report says the victim is a resident of Fairfax, Va.

Continue Reading

District of Columbia

Bowser calls for ‘extraordinary’ response to reduction in D.C. budget

Impact on city funding for LGBTQ programs and grants unclear

Published

on

Mayor Muriel Bowser warned of ‘significant cuts in District Government services.’ (Screen capture via Forbes Breaking News YouTube)

D.C. Mayor Muriel Bowser on April 15 issued an executive order calling for “extraordinary actions,” including “significant cuts in District Government services,” to address a decision by Congress to cut the city’s current budget by $1.1 billion.

The nine-page executive order points out that these actions became necessary after the U.S. House of Representatives has so far declined to vote on a free-standing bill approved by the U.S. Senate last month that would restore the $1.1 billion D.C. budget cut initially approved by the House.

In addition to large-scale cuts in city services, the mayoral order says the congressionally imposed city budget cut will bring about city “hiring freezes, financial impacts to employees, reductions and terminations in contracts and grants, and closures of District Government facilities.”

The order adds, “These are unprecedented actions given that the District itself adopted and is able to implement a fully balanced budget, but they are necessary due to the Congressional cut to the District’s budget and its inaction in timely fixing its legislative error.”

The House adjourned this week on a recess until the end of April, and congressional observers say it is unclear whether the majority Republican House will take up the Senate bill to undo the D.C. budget cut when the House returns from its recess. President Donald Trump has called on the House to approve the bill to restore the full D.C. budget.

Among the D.C. LGBTQ organizations and those providing services to the LGBTQ community that receive D.C. government funding and that could be impacted by the budget cuts are Capital Pride Alliance, which is organizing WorldPride 2025 set to take place in D.C. next month; and Whitman-Walker Health, one of the city’s largest private healthcare organizations that provides medical services for LGBTQ clients.

Also receiving city funding are the Wanda Alston Foundation, which provides housing services for LGBTQ people; and the LGBTQ youth advocacy and services organization SMYAL.

Spokespersons for the four organizations couldn’t immediately be reached to determine if they knew whether the soon-to-be implemented budget cuts would have an impact on the city funding they currently receive.

In response to questions from news reporters during an April 15 press conference call to discuss the Bowser executive order, Jenny Reed, director of the D.C. Office of Budget and Performance Management, said details on specific programs or funding allocations set to be cut would not be known until the mayor submits to the D.C. Council her Supplemental FY 2025 budget along with her proposed FY 2026 budget.

Reed was joined at the press briefing by Lindsey Parker, Mayor Bowser’s chief of staff; and Tomas Talamante, director of the Office of Intergovernmental Affairs.

They and other city officials have said the impact of the congressionally imposed city budget cut was expected to be lessened but remain highly problematic by Bowser’s decision to invoke a 2009 law that allows the city to increase its own spending without approval by Congress under certain circumstances.

The mayor has said under that law, the city would need to cut its FY 2025 budget by $410 million rather than by $1.1 billion. It couldn’t immediately be determined whether House Republicans, who initiated the requirement that the D.C. budget be cut by $1.1 billion, would challenge the mayor’s plan to invoke the 2009 law to reduce the size of the budget cut.

“Without the ability to fully execute the Fiscal Year 2025 budget as adopted and approved by the District, this gap will force reductions in critical services provided by our largest agencies, including the Metropolitan Police Department and the Fire and Emergency Medical Services Department,” the mayor’s executive order states.

“The District will continue to work with members of the House of Representatives to urge them to vote to fully restore the District’s Fiscal year 2025 budget and will continue to work with President Trump to strongly encourage the House of Representatives to take that action,” the order says.

Continue Reading

District of Columbia

LGBTQ budget advocates fight for D.C. resources in a tough fiscal year

‘Trying to preserve life-saving services’ amid $1 billion cut

Published

on

Heidi Ellis, coordinator of the DC LGBT Budget Coalition. (Photo courtesy of Heidi Ellis)

The months and days leading up to June are especially busy for LGBTQ Washingtonians. For one group, the DC LGBT Budget Coalition, which works year-round to ensure LGBTQ residents are represented and financially supported by the D.C. government, this time of year is their Super Bowl. Beginning in April, the D.C. Council and Mayor’s Office hold budget hearings for the next fiscal year.

With D.C.’s budget now under review, the Washington Blade spoke with Heidi Ellis, coordinator of the DC LGBT Budget Coalition, about the group’s top priorities and their push to ensure continued support for queer communities.

“The LGBTQ Budget Coalition was founded in 2020 at the height of the pandemic, as a way for the community to work together to advocate for key funding and policy changes,” Ellis said. “We recognized we were stronger together. A lot of groups are often pitted against each other for resources and dollars. This coalition was founded out of a need for unity. Since then, we’ve successfully advocated for more than $20 million in dedicated LGBTQ investments.”

In addition to coordinating the coalition, Ellis is the founder and CEO of HME Consulting & Advocacy, a firm that helps build coalitions and advance policy initiatives that address intersectional issues in the LGBTQ community. One of its most powerful tools, she explained, is direct outreach through community surveys.

“We actually do community surveys to see what people need and what’s top of mind,” Ellis said. “Of course, we also pay attention to the broader political landscape — like the current threats to HIV funding. That helps us prioritize.”

Because the coalition is comprised of more than 20 organizations across various sectors —healthcare, housing, community organizing — Ellis said its diversity enables it to connect grassroots needs to potential policy solutions.

“Our coalition includes service providers, community groups, health and housing advocates-folks who are deeply plugged into what’s happening on the ground,” she said. “They help determine our direction. We know we don’t represent every queer person in D.C., but our coalition reflects a wide range of identities and experiences.”

The insights gathered through those surveys ultimately inform the coalition’s annual budget proposal, which is submitted to the Council and mayor.

“That’s how we got to our FY26 priorities,” she said. “This year, more than ever, we’re fighting to protect what we’ve already secured — funding and policies we’ve had to fight for in the past. We know there’s concern around this budget.”

One of the challenges this year is that the D.C. government’s operating budget and some of its legislation must be approved by Congress. With a projected decline in tax revenue and a Republican-controlled Congress that has historically opposed LGBTQ funding, the Coalition has had to think strategically.

“Even before the situation on the Hill, the CFO projected lower revenue,” Ellis said. “That meant cuts to social programs were already coming. And now, with the $1 billion slashed from D.C.’s budget due to the continuing resolution, we’re not only fighting for D.C.’s budget and autonomy, but also trying to preserve life-saving services. Our message is simple: Don’t forget about queer people.”

This year’s proposal doesn’t include specific dollar figures. Instead, the Coalition outlines five funding priority areas: Healthcare, Employment & Economic Equity, Housing, Safety & Community Support, and Civil Rights.

Why no exact amounts? Ellis said it’s because not all solutions are financial.

“Some of our asks don’t require new funding. Others build on existing programs-we’re asking whether the current use of funds is the most effective. We’re also proposing policy changes that wouldn’t cost extra but could make a real difference. It’s about using what we have better,” she said.

When drafting the proposal, the Coalition tries to prioritize those with the most pressing and intersecting needs.

“Our perspective is: If we advocate for the most vulnerable, others benefit too,” Ellis said. “Take LGBTQ seniors. Some may have done well in life but now face housing insecurity or struggle to access affordable healthcare. Many in our coalition are elders who fought on the frontlines during the AIDS epidemic. They bring critical historical context and remind us that Black and brown communities bore the brunt of that crisis.”

“I love our coalition because it keeps us accountable to the moment,” she added. “If we center those most marginalized, we can make an impact that lifts everyone.”

In addition to healthcare and housing, safety remains a top concern. The Coalition has fought to maintain funding for the Violence Prevention and Response Team (VPART), a city-supported group that includes MPD, community-based organizations, and the Mayor’s Office of LGBTQ Affairs. VPART responds to crimes affecting the LGBTQ community and connects victims to legal, healthcare, and housing services.

“We’ve pushed to make VPART more proactive, not just reactive,” Ellis said. “The funding we’ve secured has helped survivors get the support they need. Cutting that funding now would undo progress we’re just beginning to see.”

At the end of the day, Ellis emphasized that this process is about far more than spreadsheets.

“A budget is a moral document,” she said. “If we’re not represented, you’re telling us our lives don’t matter at a time when we need protection the most. When people can’t get food, medicine, housing — that has a devastating impact. These are vital services.”

The DC LGBT Budget Coalition is urging residents to support a letter-writing campaign to D.C. Council members and the mayor. You can send a letter here: https://actionnetwork.org/letters/fully-fund-dcs-lgbtq-communities

Read the full FY26 budget proposal here: https://drive.google.com/file/d/1bTrENnc4ZazJTO6LPrQ3lZkF02QNIIf1/view

Continue Reading
Advertisement
Advertisement

Sign Up for Weekly E-Blast

Follow Us @washblade

Advertisement

Popular