Local

Sexual assault may be dropped in Wone murder case

The lead prosecutor in the Robert Wone murder case startled courtroom  spectators last

Published

14 years ago

March 13, 2010

The lead prosecutor in the Robert Wone murder case startled courtroom  spectators last week when he said the government would likely drop its theory that Wone was immobilized by a paralytic drug and  sexually assaulted before being stabbed to death in the Dupont Circle  home of three gay men.

The disclosure by Assistant U.S. Attorney Glenn Kirschner at  a D.C. Superior Court hearing March 12 drew visible sighs of relief from  defendants Joseph Price, Victor Zaborsky and Dylan Ward. Price gave a  thumbs-up signal to his attorney, Bernard Grimm.

“This appears to be a major victory for the defense,” said D.C.  attorney Dale Sanders, who practices criminal law in the District.

Sanders said that by withdrawing its earlier contention that Wone was  sexually assaulted and drugged, prosecutors would make it easier for  the defense to promote their own contention that an unidentified  intruder killed Wone after entering the home of the three gay men  through a rear door.

The men have been indicted on charges of obstruction of justice,  conspiracy to obstruct justice, and evidence tampering in connection  with the August 2006 murder. Authorities have yet to charge anyone  with the murder itself. The trial is scheduled to begin May 10.

Kirschner told D.C. Superior Court Judge Lynn Leibovitz that  prosecutors were still considering introducing other evidence at trial  considered highly controversial: a collection of S&M sex toys seized by  police from Ward’s bedroom, which prosecutors have said was located  across the hall from where Wone was found stabbed in a second-floor  guest bedroom.

Wone, a prominent Washington attorney, was friends with the three men  and spending the night at their home after working late in his  downtown office, the men and members of Wone’s family have said. Wone  was married to a woman, and his family members said he was straight.

Leibovitz said she had yet to see sufficient evidence presented by  prosecutors to justify the introduction of the “devices” at trial. She  noted that defense attorneys presented arguments as to why such  evidence was not relevant to the case and how it would be prejudicial to the jury.

She directed prosecutors to file a motion before April 2 explaining  their rationale for introducing such evidence and said she would rule  on its admissibility at that time.

Leibovitz denied a motion by the defense asking the court to order  prosecutors to release more details surrounding their evidence and  theories in the case, saying the government has complied with all  “discovery” requirements for informing the defense of its evidence.

Last week’s hearing followed a court motion filed by prosecutors in  February seeking permission to introduce evidence at trial that Price,  Zaborsky and Ward engaged in possible criminal conduct not  identified in the charges pending against them. Some of the alleged  conduct cited in the court filing pertained to the use of S&M-related  restraining devices as well as devices used to administer electrical  shocks to a person’s genitals.

“Are you planning to tell the jury that he was sexually assaulted,  restrained,” that sex toys were used on him and he was injected with  something? Leibovitz asked Kirschner.

“We’re moving away from the sexual assault proof,” Kirschner replied. But he said prosecutors still planned to offer some evidence that  “restraints” were found in Ward’s bedroom.

In response to another assertion made by prosecutors in their February  court filing — that “the killer is someone known to and being  protected” by Price, Zaborsky and Ward — Leibovitz asked Kirschner, ” Do you plan to say one or all of these men killed Wone?”

“Not directly,” Kirschner replied.

He said prosecutors also plan to present evidence from the autopsy of  needle marks on Wone’s body, including marks he noted the government’s  medical experts would show were not made by emergency medical  technicians who arrived at the scene and tried to revive Wone.

Kirschner disclosed at the hearing that he had submitted a letter to  the defense earlier in the day, which he also filed with the court,  saying that the government obtained new information from medical  experts that appeared to raise doubts over whether Wone had been  sexually assaulted or immobilized by a paralytic drug.

Authorities first raised that theory  in a lengthy criminal complaint filed at the time police brought  criminal charges against the three men for obstruction of justice and  evidence tampering.

The complaint cited an autopsy finding showing that Wone suffered  three surgical-like, clean stab wounds in the chest and abdomen that  could only have occurred if he were lying completely still. The  complaint, and subsequent arguments by prosecutors, claimed that a  person being stabbed would be expected to recoil in pain or move in a  defensive way, causing the wounds to be jagged or distorted.

Prosecutors said a paralytic drug must have been administered to  Wone to render him immobile, but they acknowledged that the autopsy  and subsequent chemical tests could not find traces of such a drug in  Wone’s body. They argued that the type of anesthesia-like drug in  question usually dissipates quickly and cannot be detected in tests.

But defense attorneys say in their own court filings that they  would present expert witnesses to show that such drugs are detectable  in tests, and the government’s inability to detect such a drug shows  it was never administered.

According to prosecutors, the sexual assault theory was based on  another finding in the autopsy that traces of Wone’s semen were  found inside his rectum. The defense later argued that its own experts  would show that the semen had no sperm cells, indicating it was  secreted naturally by the body after Wone died, as muscles relax during  the post mortem processes.

Sanders said that although the apparent decision by prosecutors to put aside their earlier sexual assault and paralytic drug theory is a blow to the prosecutors’ case, other evidence obtained against the three men remains significant and strong.

He noted, among other things, that investigators found traces of blood in the lint trap of the men’s clothes dryer and in a drain outside the house; findings by evidence technicians that someone cleaned the crime scene by attempting to wipe blood spattered near the body; and that the bloody kitchen knife that the men said they found near Wone’s body bore fibers from a towel, indicating to evidence experts that Wone’s blood was wiped onto knife blade by someone, with another knife likely used to kill Wone.

Authorities also have said Wone appeared to have been dead a significant period of time before Zaborsky called 911 to report a stabbing; and rescue workers reported finding very little blood on Wone’s chest and body, indicating that someone cleaned the body before police and rescue workers were called, according to the police affidavit.

“They won this battle, but the war doesn’t look good for them,” Sanders said. “You can’t lose track of the big picture, which doesn’t look good for these guys.”

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Virginia

Man went on ‘homophobic rant’ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

Published

3 hours ago

July 3, 2024

Lou Chibbaro Jr.

Justin Wayne Hendricks was arrested in the case. (Photo courtesy of the Fairfax County Adult Detention Center)

The Hawk & Griffin British Pub located in Vienna, Va., posted a message on Facebook last week saying a man was arrested after going on a “homophobic rant” inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

“Last night we had an incident here at the pub when a man came off the street to accost patrons in our beer garden because of our flags displayed for pride month,” the Hawk & Griffin Facebook posting says. “He then spit on our windows and came inside to confront our staff and patrons with homophobic rants,” the posting continues.

“Our manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,” the message says. “We want to thank the Vienna Police Department for their quick response. We are and will continue to be community focused and we will never stop working to create and maintain a place of inclusion and tolerance,” the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being “drunk in public” and providing false identification to a police officer and with a felony count of assault on a police officer. A police spokesperson said Hendricks was also found to be in violation of an outstanding arrest warrant from Alexandria, Va., related to a prior charge of failing to register as a sex offender.

The spokesperson, Juan Vazquez, said Hendricks is currently being held without bond at the Fairfax County Adult Detention Center. Online records for the Fairfax County General District Court show that Hendricks is scheduled to appear at a preliminary hearing on Oct. 9.

“On Friday, June 28, around 9:28 p.m. the Vienna Police Department responded to reports of an intoxicated individual threatening customers of the Hawk & Griffin,” a Vienna police statement says. “Upon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,” according to the statement.

The statement adds that Hendricks was subsequently charged with being drunk in public, providing false information about his identity to police, and assault on a police officer along with being served with the outstanding warrant related to the prior charge in Alexandria of failing to register as a sex offender.

Details of the prior sex offender charge couldn’t immediately be obtained from online court records. However, the online records show that Hendricks has at least a dozen or more prior arrests between 2014 and 2023 on charges including public intoxication, trespassing, and failing to register as a sex offender.

Police spokesperson Vazquez said it would be up to prosecutors with the office of the Fairfax County Commonwealth’s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

Virginia

Parades, community events held to mark Pride Month in Va.

Upwards of 30,000 people attended PrideFest in Norfolk on June 22

Published

22 hours ago

July 2, 2024

Sean Koperek

Shi-Queeta-Lee at Arlington Pride in Arlington, Va., on June 29, 2024. (Washington Blade photo by Michael Key)

Activists across Virginia last month held a series of events to mark Pride Month.

Hampton Roads Pride, a volunteer-run organization founded in 1997, held 37 different Pride events throughout the region in June.

Their biggest event, PrideFest, which is part of their larger three day event, Pride Weekend, celebrated its 36th anniversary on June 22. Pride Weekend took place from June 21-23 and began with a block party at NorVa in Norfolk.

PrideFest took place at Town Point Park, and an estimated 30,000 people attended. More than 70 venders participated, while Todrick Hall and Mariah Counts are among those who performed.

Another PrideFest event with a DJ in the afternoon and live music at night took place in Virginia Beach on June 23. Congressman Bobby Scott and U.S. Sen. Tim Kaine (D-Va.) are among those who attended Pride events in Suffolk on June 30.

Norfolk Mayor Kenneth Alexander, along with members of the Norfolk and Virginia Beach City Councils, also attended the Pride events in their respective cities. Jamar Walker, the first openly gay federal judge in Virginia, also took part.

“You know people all throughout Pride Month, at all of our various events, tell me all kinds of stories about their own experiences and the past of this community … and some of our older folks especially, remember when we couldn’t have this,” Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

“It was a great year,” he added. “It was a big achievement for us to have unique celebrations in each of our seven communities. Each of these cities is so different from one another, but to be able to create a Pride celebration that’s unique in each of those places was really great, and I think really well received by folks who may not have felt represented previously. We’re always trying to do better, to embrace every aspect of our community, and take a big step forward there this year.”

State Dels. Adele McClure (D-Arlington County) and Alfonso Lopez (D-Arlington County) are among those who spoke at Arlington Pride that took place at Long Bridge Park on June 29. The Fredericksburg Pride march and festival took place the same day at Riverfront Park in Fredericksburg.

Republican Virginia Gov. Glenn Youngkin on June 10 hosted a Pride Month reception in Richmond.

Youngkin in previous years has hosted Pride Month receptions, even though Equality Virginia and other advocacy groups have criticized him for supporting anti-LGBTQ bills.

The Republican governor in March signed a bill that codified marriage equality in Virginia. Youngkin last month vetoed a measure that would have expanded the definition of bullying in the state.

Baltimore

Baltimore street named in honor of trans activist

Iya Dammons is founder of support groups Safe Haven in Baltimore, D.C.

Published

2 days ago

July 1, 2024

Lou Chibbaro Jr.

Iya Dammons was honored last week in Baltimore. (Photo courtesy Iya Dammons)

Baltimore city officials and LGBTQ activists participated in a ceremony on June 29 officially dedicating the renaming of a street in honor of transgender woman Iya Dammons, who founded and serves as executive director of the LGBTQ services organization Maryland Safe Haven.

A section of Baltimore’s 21st Street at the intersection of North Charles Street, where the Maryland Safe Haven offices are located, has been renamed Iya Dammons Way.

The ceremony took place six years after Dammons founded Maryland Safe Haven in 2018 and one year after she launched a Safe Haven operation in D.C.in 2023 located at 331 H St., N.E.

A statement on its website says Safe Haven provides a wide range of supportive services for LGBTQ people in need, with a special outreach to Black trans women “navigating survival mode” living.

“Through compassionate harm reduction and upward mobility services, advocacy support, and community engagement, we foster a respectful, non-judgmental environment that empowers individual agency,” the statement says. “Our programs encompass community outreach, a drop-in center providing HIV testing, harm reduction, PrEP, medical linkage, case management, and assistance in accessing housing services,” it says.

Among those participating in the street renaming ceremony were Baltimore City Council member Zeke Cohen, interim director of Baltimore Mayor Brandon Scott’s Office of LGBTQ Affairs Alexis Blackmon, and Dominique Morgan, an official with the national foundation Borealis Philanthropy, which provides financial support for transgender supportive nonprofit organizations, including Safe Haven.

“This is a significant achievement and historic moment for our city,” a statement by Maryland Safe Haven announcing the ceremony says. “Iya Dammons has been a tireless advocate for transgender rights and has worked tirelessly to provide safe spaces and resources for transgender individuals in our city,” it says. “This honor is well-deserved, and we are thrilled to see her contributions recognized in such a meaningful way.”