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Trial begins in Wone murder case

Judge blocks evidence on alleged paralytic drug, S&M restraints

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A long-awaited trial opened this week for three gay men implicated in the murder of attorney Robert Wone, who was found stabbed to death inside the menā€™s Dupont Circle area townhouse in August 2006.

Joseph Price, 39, his domestic partner, Victor Zaborsky, 44, and the coupleā€™s roommate, Dylan Ward, 39, have been charged with obstruction of justice, conspiracy and evidence tampering in connection with Woneā€™s murder. If convicted on all three charges, the men face a possible maximum sentence of 38 years in prison.

Authorities have yet to charge anyone with the murder itself, a development that has created an air of mystery and intrigue and has captured the interest of the gay community as well as local and national media.

Prosecutors and defense attorneys said they could present 80 or more witnesses and expect the trial to last as long as 10 weeks. Jury selection was scheduled to begin Wednesday at D.C. Superior Court, with opening arguments set for Monday.

Judge Lynn Leibovitz ruled Tuesday against the defense teamā€™s attempt to separate the joint case so that each defendant could be tried individually rather than together in a shared trial.

The defense argued that the men should be tried separately because it would be impossible for prosecutors to avoid violating constitutionally mandated rules of evidence that statements made by one defendant canā€™t be used against another defendant in a joint trial. But Leibovitz said the defendantsā€™ rights would be protected by strict limits she imposed on the prosecution concerning the introduction of the defendantsā€™ statements about each other.

Defense attorneys were especially concerned about prosecutorsā€™ plans to show jurors videotaped interviews of each of the defendants by homicide detectives conducted shortly after the murder. At Leibovitzā€™s instruction, prosecutors said they would edit the videos to remove any statements by the defendants that would incriminate a co-defendant.

After months of pre-trial wrangling over the admissibility of evidence, Leibovitz forced prosecutors in the days before the trial began to withdraw several key elements in their case, including allegations that the crime scene was cleaned of blood.

Under pressure that Leibovitz would rule against them and claims by the defense that the government lacked sufficient evidence, prosecutors also agreed not to introduce testimony that Wone may have been immobilized with a paralytic drug or restrained by S&M devices found in the menā€™s house before being stabbed three times in the chest.

Also excluded was any testimony by police regarding the collection of S&M devices they found in the house, including restraining harnesses, face masks, books about sadomasochism, and a device used to administer an electric shock to a person during sexual activity.

Assistant U.S. Attorney Glenn Kirschner, the lead prosecutor in the case, has said introduction of the S&M devices as evidence was intended to show that Wone might have been restrained at the time he was stabbed.

Kirschner has said the government nonetheless remains confident it has sufficient evidence to prove that the killer ā€œis someone known to the defendantsā€ and that the three men conspired to obstruct the police investigation into the crime.

Kirschner has said he also remains optimistic that the government will demonstrate to the jury that Wone was not murdered by some ā€œunknown, unseen, phantom intruder,ā€ as the defense has alleged.

In pleading not guilty to the charges, the three gay men have said through their attorneys that an intruder entered their house through a rear door while they were asleep and killed Wone.

Wone, a friend of Price since the two attended Virginiaā€™s College of William & Mary, spent the night at the menā€™s house on Swann Street, N.W., after working late at his nearby office. Woneā€™s wife, Kathy Wone, and family members have said Wone was straight.

The defendants have retained an experienced and highly regarded team of nearly one dozen defense attorneys, including former prosecutors such as the openly gay former D.C. Attorney General Robert Spagnoletti.

Since Price, Zaborsky and Ward were indicted in the case in 2008, the attorneys have methodically challenged nearly every piece of evidence and legal theory advanced by the government, accusing prosecutors of ā€œmanufacturingā€ a sensational case that isnā€™t supported by the facts.

In a final series of pre-trial hearings over the past month, Kirschner, chief of the homicide division at the U.S. Attorneyā€™s office, and his smaller team of prosecutors, have sought to defend a case built largely around the aspects of a stabbing death reportedly committed by an outside intruder that were conspicuously missing in the Wone murder.

Citing the autopsy and crime scene findings, prosecutors note that although Wone was stabbed three times in the chest area, including once in the heart, there was hardly any blood on the guest room bed where he was found or on the floor or walls. This prompted prosecutors to conclude in a lengthy arrest affidavit released in October 2008 that someone in the house had ā€œcleanedā€ the crime scene.

The affidavit points to an autopsy finding that the three stab wounds on Woneā€™s chest area were surgical-like and undistorted rather than the jagged cuts usually found on a stabbing victim, who would be expected to recoil in pain and move around in an effort to defend himself ā€” even if he were sleeping in a bed, as the defendants say was the case with Wone.

Additionally, there were no defensive wounds on Woneā€™s hands or arms that are normally found on victims stabbed more than once, who traditionally position their arms to deflect the path of a knife-wielding attacker, prosecutors have said.

The arrest affidavit citing these findings pointed to a theory by the medical examiner that Wone appeared to have been immobilized by a paralytic drug, which likely prevented him from moving during a violent stabbing attack. The autopsy also found several needle marks on Woneā€™s body that were inflicted before he died, further pointing to the possible injection of a powerful drug before the stabbing.

Yet another autopsy finding of semen in and around Woneā€™s genital area and rectum prompted prosecutors to initially assert that Wone had been sexually assaulted at the time of the murder.

All of this, prosecutors said, made it clear that Wone could not have been murdered by a burglar or home intruder who entered the house, stabbed Wone and quickly fled.

The defense, however, has argued in pre-trial hearings that the paralytic drug theory should not be introduced as evidence because no such drug could be detected in Woneā€™s body from chemical tests. The defense also argued that semen is normally found to be secreted when men die and that the government failed to present any evidence that Wone had been sexually assaulted or restrained at the time of the murder.

Instead, defense attorneys announced they plan to call a controversial cardiologist as a witness who will testify that a stab wound to the heart can instantly stop the heart and immobilize the person stabbed. This development, defense attorneys have said, would explain why Wone didnā€™t move or recoil when stabbed two more times.

The defense said it would also present expert witnesses who will claim the bleeding in Woneā€™s case was mostly internal, explaining why the crime scene lacked large quantities of blood.

Agreeing with the defense that the government failed to produce sufficient evidence that a paralytic drug was administered, and that Wone was sexually assaulted or restrained by S&M sex devices, Leibovitz either ruled against admission of these theories or persuaded prosecutors not to bring them up at trial.

Kirschner has said the governmentā€™s case nevertheless remains strong.

With no evidence of a forced entry, no evidence that anything was taken from the house and no signs that anything was disturbed or disrupted, he has said prosecutors will call on the jury to conclude that an intruder or burglar could not have killed Wone and that the defendants had to know who was responsible for the murder ā€” even if the government doesnā€™t have sufficient evidence to charge anyone with Woneā€™s death.

But in a comment at one of the recent pre-trial hearings, lead defense attorney David Schertler called the reasoning ā€œridiculous,ā€ saying people are killed in the city ā€œall the timeā€ by home invaders and during botched burglaries.

ā€œAll you have to do is read the newspapers,ā€ he said.

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Virginia

Man went on ā€˜homophobic rantā€™ inside Va. pub that displayed Pride flags

Suspect arrested on charges of public intoxication, assaulting police officer

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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 ā€œhomophobic rantā€ inside the pub on June 28 when he saw that LGBTQ Pride flags were displayed at the pub for Pride month.

ā€œLast 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,ā€ the Hawk & Griffin Facebook posting says. ā€œHe then spit on our windows and came inside to confront our staff and patrons with homophobic rants,ā€ the posting continues.

ā€œOur manager and staff handled the situation very professionally and police were called to investigate and later arrested a man a couple of blocks away,ā€ the message says. ā€œWe 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,ā€ the statement concludes.

Vienna police charged Justin Wayne Hendricks, of no known address, with misdemeanor counts of being ā€œdrunk in publicā€ 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.

ā€œOn 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,ā€ a Vienna police statement says. ā€œUpon the arrival of the officers the individual had already left the premises but was promptly located at an address nearby,ā€ 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 couldnā€™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 Commonwealthā€™s Attorney to determine if a subsequent hate crime related charge would be filed in the case.

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Virginia

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

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

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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.

ā€œYou 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,ā€ Hampton Roads Pride President Jeff Ryder told the Washington Blade on Monday during a telephone interview.

ā€œIt was a great year,ā€ 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.ā€

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. 

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Baltimore

Baltimore street named in honor of trans activist

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

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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 Baltimoreā€™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 ā€œnavigating survival modeā€ living.

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

Among those participating in the street renaming ceremony were Baltimore City Council member Zeke Cohen, interim director of Baltimore Mayor Brandon Scottā€™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.

ā€œThis is a significant achievement and historic moment for our city,ā€ a statement by Maryland Safe Haven announcing the ceremony says. ā€œIya 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,ā€ it says. ā€œThis honor is well-deserved, and we are thrilled to see her contributions recognized in such a meaningful way.ā€

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