Local
Opposing attorneys spar as Wone trial begins
Prosecutors say case ‘not about sexual orientation’
Opposing attorneys in the complex Robert Wone murder conspiracy trial clashed during opening arguments Monday over whether the defendants’ sexual orientation prompted authorities to prosecute them.
Assistant U.S. Attorney Glenn Kirschner said the government would point to the fact that Joseph Price, 39, Victor Zaborsky, 44, and Dylan Ward, 39, were in a three-way relationship as a means of showing that their “strong bond” played a role in their alleged conspiracy to obstruct justice.
Wone, a Washington attorney, was found stabbed to death in a guest room in the men’s Dupont Circle area townhouse in August 2006. The defendants, all of whom are gay, have been indicted on charges of obstruction of justice, conspiracy to obstruct justice, and evidence tampering in connection with the police investigation of the murder. No one has been charged with the murder.
The men face a maximum sentence of 38 years in prison if found guilty on all three charges.
“This case is not about sexual orientation,” Kirschner told D.C. Superior Court Judge Lynn Leibovitz, who is poised to decide the men’s fate after the prosecution and defense attorneys opted to forego a jury trial.
“This case is not about the personal relationship of these three. There is nothing negative that can be inferred due to the sexual orientation or the lifestyle choices of these men,” he said.
But he noted that Price, Zaborsky and Ward “had powerful bonds among them,” which amounted to a “tight knit family” that is protecting its members from the harm that would come to them “if the truth came out.”
Kirschner then spent more than an hour outlining the government’s contention that the men tampered with the crime scene, repeatedly misled police and homicide detectives investigating the murder, and know but refuse to disclose the identity of the person or people who fatally stabbed Wone three times in the chest.
He reiterated the government’s assertion in numerous briefs and a police affidavit that the evidence refutes the defendants’ claim that an intruder killed Wone after entering the house from a rear door while they were asleep in their bedrooms.
Among other things, Kirschner noted that paramedics and crime scene investigators found far less blood on the bed where Wone was found with three “gaping” stab wounds and found no signs of a struggle or defensive wounds. He said this is evidence of crime scene tampering.
Defense attorneys representing the three gay men countered that the evidence doesn’t support any of the government’s allegations, including an assertion that more blood should have been found on the scene. From the moment homicide detectives arrived at the house to investigate the murder, they became “marred and infatuated in a theory based on ignorance,” prompting them to suspect the men were involved in the murder, said Price’s attorney, Bernard Grimm.
“Why is a straight man coming to the house of a gay man,” Grimm quoted a detective as saying while interviewing one of the defendants.
Grimm said the defense would present expert witnesses to prove that one of the three stab wounds that pierced Wone’s heart would have rendered him dead within five seconds or less. Grimm said this, rather than a sinister conspiracy, was the reason there were no signs of a struggle and more blood did not flow from the wounds.
And he said there was “no orchestrating of the crime scene,” contesting the evidence tampering charge.
Ward’s defense attorney, David Schertler, said prosecutors were basing their case on “faulty assumptions, speculation and innuendo.”
Following the opening arguments, Wone’s wife, Katherine Wone, took the stand as the first government witnesses. In response to questions by Kirschner, she told how her husband met Price and recounted the friendship they shared as undergraduate students at the College of William & Mary in Virginia.
She said that her husband, whom Kirschner described as “exclusively straight,” arranged to spend the night at the home of Price, Zaborsky and Ward on the night of the murder because he planned to work late at his nearby office at Radio Free Asia, where he served as general counsel.
The trial, which is expected to last weeks, recessed shortly before 5 p.m. Monday. Katherine Wone was to return and complete her testimony Tuesday.
D.C. attorney Dale Edwin Sanders, who practices criminal law, said the part of the government’s case that appears the strongest is its assertion that no evidence exists to show an intruder entered the house to kill Wone. He noted that in cases based on circumstantial evidence, sometimes “missing” evidence becomes the key to the case.
In his opening arguments, Kirschner noted that an intruder would have had to scale a seven-foot security fence surrounding the back yard of the house, even if the rear door to the house was unlocked, as the defense says was likely.
He pointed to police findings that there were no footprints or other signs that someone jumped into the patio and grounds inside the fence. He said police findings also showed that dust, pollen and other debris on the top surface of the fence was “completely” undisturbed, indicating that an intruder did not go over the fence.
Additionally, Kirschner asked if an intruder entered the premises to burglarize the house, as suggested by the defense, why didn’t he take a host of valuable items in clear view, including a laptop computer, which were in his path en route to the guest room where Wone slept.
Schertler, however, disputed the arguments. Among other things, he said that an intruder could have bypassed the fence by using a nearby trash container to climb onto a shed next to the house where Price, Zaborsky and Ward lived, and jumped over the fence. He also noted that the prosecution could not determine the intruder’s “state of mind” as to why he did not steal anything in the house.
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The Comings & Goings column also invites LGBTQ+ college students to share their successes with us. If you have been elected to a student government position, gotten an exciting internship, or are graduating and beginning your career with a great job, let us know so we can share your success.
Congratulations to R. Warren Gill III, M.Div., M.A. on being appointed as the development manager at HIPS. Upon his appointment, Gill said, “For as long as I’ve lived in Washington, D.C., I’ve followed and admired the life-saving work HIPS does in our communities. I’m proud to join the staff and help strengthen the financial support that sustains this work.”
Gill will lead fundraising strategy, donor engagement, and institutional partnerships. HIPS promotes the health, rights, and dignity of individuals and communities impacted by sexual exchange and/or drug use due to choice, coercion, or circumstance. HIPS provides compassionate harm reduction services, advocacy, and community engagement that is respectful, non-judgmental, and affirms and honors individual power and agency.
Gill has built a career at the intersection of progressive politics, advocacy, and nonprofit leadership. Previously he served as director of communications at AIDS United, supporting national efforts to end the HIV epidemic. Prior to that he had roles including; being press secretary for Sen. Bernie Sanders during the 2016 presidential primary, and working with the General Board of Church and Society, the United Methodist Church, the denomination’s social justice and advocacy arm.
Gill earned his bachelor’s degree in philosophy and religious studies, Jewish Studies, Stockton University; his master’s degree in political communication from American University, where his graduate research focused on values-based messaging and cognitive linguistics; and his master of Divinity degree from the Pacific School of Religion.
District of Columbia
Judge denies D.C. request to dismiss gay police captain’s anti-bias lawsuit
MPD accused of illegally demoting officer for taking family leave to care for newborn child
A U.S. District Court judge on Jan. 21 denied a request by attorneys representing the D.C. Metropolitan Police Department to dismiss a lawsuit filed by a gay captain accusing police officials of illegally demoting him for taking parental leave to join his husband in caring for their newborn son.
The lawsuit filed by Capt. Paul Hrebenak charges that police officials violated the U.S. Family and Medical Leave Act, a similar D.C. family leave law, and the Constitution’s Equal Protection Clause by refusing to allow him to return to his position as director of the department’s School Safety Division upon his return from parental leave.
It says police officials transferred Hrebenak to another police division against his wishes, which was a far less desirable job and was the equivalent of a demotion, even though it had the same pay grade as his earlier job.
In response to a motion filed by attorneys with the Office of the D.C. Attorney General, which represents and defends D.C. government agencies against lawsuits, Judge Randolph D. Moss agreed to dismiss seven of the lawsuit’s 14 counts or claims but left in place six counts.
Scott Lempert, the attorney representing Hrebenak, said he and Hrebenak agreed to drop one of the 14 counts prior to the Jan. 21 court hearing.
“He did not dismiss the essential claims in this case,” Lempert told the Washington Blade. “So, we won is the short answer. We defeated the motion to dismiss the case.”
Gabriel Shoglow, a spokesperson for the Office of the D.C. Attorney General, said the office has a policy of not commenting on pending litigation and it would not comment on the judge’s ruling upholding six of the lawsuit’s initial 14 counts.
In issuing his ruling from the bench, Moss gave Lempert the option of filing an amended complaint by March 6 to seek the reinstatement of the counts he dismissed. He gave attorneys for the D.C. attorney general’s office a deadline of March 20 to file a response to an amended complaint.
Lempert told the Blade he and Hrebenak have yet to decide whether to file an amended complaint or whether to ask the judge to move the case ahead to a jury trial, which they initially requested.
In its 26-page motion calling for dismissal of the case, filed on May 30, 2025, D.C. Office of the Attorney General attorneys argue that the police department has legal authority to transfer its officers, including captains, to a different job. It says that Hrebenak’s transfer to a position of watch commander at the department’s First District was fully equivalent in status to his job as director of the School Safety Division.
“The Watch Commander position is not alleged to have changed plaintiff’s rank of captain or his benefits or pay, and thus plaintiff has not plausibly alleged that he was put in a non-equivalent position,” the motion to dismiss states.
“Thus, his reassignment is not a demotion,” it says. “And the fact that his shift changed does not mean that the position is not equivalent to his prior position. The law does not require that every single aspect of the positions be the same.”
Hrebenak’s lawsuit states that “straight” police officers have routinely taken similar family and parental leave to care for a newborn child and have not been transferred to a different job. According to the lawsuit, the School Safety Division assignment allowed him to work a day shift, a needed shift for his recognized disability of Crohn’s Disease, which the lawsuit says is exacerbated by working late hours at night.
The lawsuit points out that Hrebenak disclosed he had Crohn’s Disease at the time he applied for his police job, and it was determined he could carry out his duties as an officer despite this ailment, which was listed as a disability.
Among other things, the lawsuit notes that Hrebenak had a designated reserved parking space for his earlier job and lost the parking space for the job to which he was transferred.
“Plaintiff’s removal as director at MPD’s School Safety Division was a targeted, premeditated punishment for his taking statutorily protected leave as a gay man,” the lawsuit states. “There was no operational need by MPD to remove plaintiff as director of MPD’s School Safety Division, a position in which plaintiff very successfully served for years,” it says.
In another action to strengthen Hrebenak’s opposition to the city’s motion to dismiss the case, Lempert filed with the court on Jan. 15 a “Notice of Supplemental Authority” that included two controversial reports that Lempert said showed that former D.C. Police Chief Pamela Smith put in place a policy of involuntary police transfers “to effectively demote and end careers of personnel who had displeased Chief Smith and or others in MPD leadership.”
One of the reports was prepared by the Republican members of the House Oversight and Government Reform Committee and the other was prepared by the office of Jeanine Pirro, the U.S. attorney for D.C. appointed by President Donald Trump.
Both reports allege that Smith, who resigned from her position as chief effective Dec. 31, pressured police officials to change crime reporting data to make it appear that the number of violent crimes was significantly lower than it actually was by threatening to transfer them to undesirable positions in the department. Smith has denied those claims.
“These findings support plaintiff’s arguments that it was the policy or custom of MPD to inflect involuntary transfers on MPD personnel as retaliation for doing or saying something in which leadership disapproved,” Lempert says in his court filing submitting the two reports.
“As shown, many officers suffered under this pervasive custom, including Capt. Hrebenak,” he stated. “Accordingly, by definition, transferred positions were not equivalent to officers’ previous positions,” he added.
Virginia
LGBTQ rights at forefront of 2026 legislative session in Va.
Repeal of state’s marriage amendment a top priority
With 2026 ramping up, LGBTQ rights are at the forefront of Virginia politics.
The repeal of Virginia’s constitutional amendment that defines marriage as between a man and a woman is a top legislative priority for activists and advocacy groups.
The Virginia Senate on Jan. 17 by a 26-13 vote margin approved outgoing state Sen. Adam Ebbin (D-Alexandria)’s resolution that would repeal the Marshall-Newman Amendment. The Virginia House of Delegates earlier this month passed it.
Two successive legislatures must approve the resolution before it can go to the ballot.
The resolution passed in 2025. Voters are expected to consider repealing the amendment on Nov. 3.
The Virginia General Assembly opened with an introduction of a two-year budget — Virginia’s budget runs biannually.
In 2024 some funding was allocated to LGBTQ causes, and others were passed over. This year’s proposed budget leaves room for funding for a host of LGBTQ opportunities. One specific priority that Equality Virginia is promoting would ensure the state budget expands healthcare for LGBTQ individuals and extending gender affirming care.
Equality Virginia Communications Director Reed Williams told the Washington Blade the organization is also focused on passing three main budget amendments, and ensuring “LGBTQ+ students and their teachers have resources to navigate and address mental health challenges in K-12 schools.”
Along with ensuring school training, the organization wants funding in hopes of “establishing enhanced competency training for Virginia’s 988 Lifeline counselors and support staff to provide affirming care for LGBTQ+ youth.” This comes after the Trump-Vance administration shut down the specific hotline for LGBTQ young people that callers could previously reach if they called 988.
On a federal level, protections and health care access for LGBTQ people has taken a hit, as the Trump-Vance administration has continued to issue executive orders affecting the health care system. LGBTQ people no longer have federal legal health care protections, so local and state politics has become even more important for LGBTQ rights groups.
Equality Virginia has urged its supporters to call their local senators and stress the importance of voting to expand health care protections for LGBTQ people. The organization also plans to hold information sessions and a lobby day on Feb. 2.
Equality Virginia is tracking bills on its website.
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