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Opposing attorneys spar as Wone trial begins

Prosecutors say case ‘not about sexual orientation’

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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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Delaware

Delaware guv signs bill to protect children born using assisted reproduction

‘Modernizing laws to better reflect and protect today’s families’

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Delaware Gov. Matt Meyer (Washington Blade file photo by Daniel Truitt)

Delaware Gov. Matt Meyer on June 9 signed SB 250, a bill that helps fill the gaps in the state’s parentage law. 

SB 250 amends the 2017 Uniform Parentage Act to broaden the state’s legal framework for surrogacy. Prior to SB 250, some children, particularly those born through assisted reproduction or surrogacy, did not have a clear path to a legally recognized relationship with their parents. This created issues around parental decision-making and children’s access to health insurance. 

According to the bill’s prime sponsor, Sen. Marie Pinkney, SB 250 ensures that every child in the state has a secure legal relationship with their parents. She said the bill modernizes outdated statutes and strengthens protections for children born through assisted reproduction or surrogacy.

These issues are more likely to affect queer families that rely on assisted reproduction methods to have children. Parentage laws are critical to the well-being of children and the ability of parents to care for them without unnecessary legal barriers. 

“Today, we celebrate a victory for all children and families in Delaware. By modernizing its laws to better reflect and protect today’s families, Delaware has set an example for states across the country,” said Jordan Wilson, executive director of COLAGE.

COLAGE is a nonprofit organization dedicated to supporting and empowering youth in LGBTQ+ families through activism and community. 

“We are grateful to the many families and advocates who worked tirelessly to advance this legislation, from the bill’s drafters to the COLAGErs who shared their lived experiences directly with lawmakers,” said Wilson.

“Delaware is strongest when the law respects and protects all families,” said Mark Purpura, board member of Equality Delaware, a statewide organization focused on promoting and ensuring dignity, safety, and equality for all LGBTQ+ Delawareans.

The bill’s sponsors and co-sponsors include Sen. Pinkney, Rep. Krista Griffith, Sens. Russ Huxtable, Raymond Seigfried, and David Sokola; and Reps. Alonna Berry, Mara Gorman, Kerri Harris, Eric Morrison, DeShanna Neal, Sophie Phillips, and Cyndie Romer.

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Rehoboth Beach

Rehoboth’s ‘Poodle Beach’ to be honored with historical marker

Delaware Public Archives to hold ceremony June 27

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Rehoboth’s Poodle Beach was home to drag volleyball matches for three decades. (Photo courtesy of Brent Minor)

The Delaware Public Archives is set to unveil a new State of Delaware Historical Marker recognizing Rehoboth’s Poodle Beach Saturday, June 27, at 9 a.m. The unveiling will take place at the corner of Prospect Street and the South Boardwalk in Rehoboth Beach, Del. 

The unveiling ceremony is free and open to the public and will include remarks from members of the community, government officials, and representatives from the Delaware Public Archives.

Located at the southern end of the boardwalk near Queen Street, Poodle Beach is one of the most famous sections of Rehoboth Beach, having served as a gathering place for the LGBTQ community for decades. 

The Delaware Public Archives said that, “The marker recognizes the site’s longstanding role in the social and cultural history of both Rehoboth Beach and the State of Delaware.”

The petition to have Poodle Beach recognized with a historical marker was started by a group of Rehoboth Beach residents in June 2020 and was officially approved in December 2020

Although the origins of where Poodle Beach got its name are unknown, its history can be traced back to du Pont heiress and well-known lesbian Louisa Carpenter. Carpenter and her LGBTQ group of friends would travel to ‘Carpenter Beach’ toward Dewey Beach in the19 30s and ‘40s.

Over time, the beach grew in popularity and began to be used predominantly by gay men in the following decades. It wasn’t until the ‘80s when the beach spread back toward the boardwalk as people stopped making the journey to Carpenter beach.  

Poodle Beach was initially called “Lazy Gay Beach” because gay men got tired of walking so far from the boardwalk to get to Carpenter Beach. 

There are multiple theories that explain how the name ‘Poodle Beach’ came to be. One of the most popular is the ‘Two cousin theory’ where it is rumored that a pair of cousins would drive up from Maryland and bring their poodle dogs onto the beach. 

Poodle was also the site of the popular Labor Day weekend drag volleyball games that were started in 1988 and ended with COVID in 2020. 

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District of Columbia

McDuffie concedes to Lewis George in D.C.’s mayoral primary

Democratic Socialist presumed winner while official vote count continues

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Kenyan McDuffie, left, has conceded to Janeese Lewis George in the D.C. mayoral primary. (Washington Blade photos by Michael Key)

D.C. Councilmember Janeese Lewis George (D-Ward 4) emerged as the presumed winner in the city’s June 16 Democratic primary for D.C. mayor as her lead opponent, former Councilmember Kenyan McDuffie (D-At-Large) conceded the race Thursday, June 18.

Both Lewis George and McDuffie have strong records of support for the for the LGBTQ community, and local LGBTQ rights activists appeared divided in their support between the two mayoral candidates.

“Earlier this morning, I called Councilmember Janeese Lewis Geroge to congratulate her on her victory and wish her success as she prepares for the general election,” McDuffie said in a statement. “The campaign may be over, but the work of building a safer, more affordable, more prosperous city continues,” he said

It its most recent release of the official first-choice vote count at 1:54 p.m. on Thursday, June 18, the D.C. Board of Elections reported Lewis George had 55,214 votes or 52.87 percent of the vote. McDuffie had 38,033 votes, or 36.42 percent.

Each of the five other Democratic mayoral candidates had less than 4 percent of the vote, including Rini Sampath, who self-identifies as queer, who had 3.093 votes or 3.02 percent.

With about 75 percent of D.C. voters registered a Democrats, Lewis George’s status as the apparent Democratic nominee makes here the odds-on favorite to win the general election in November. Board of Elections records show that no Republican candidate ran for mayor in the D.C. Republican primary on June 16 and one Statehood Green Party candidate — Robert G. Gross — ran unopposed. The latest vote count shows he received 312 votes from registered Statehood Green Party members.

With Lewis George running as a democratic socialist and left leaning “progressive” candidate and McDuffie running as a more moderate Democrat on a wide range of issues, LGBTQ activists, like voters in general, appear to have backed either of the two on non-LGBTQ issues since both are strongly supportive of the LGBTQ community, including transgender-related issues.

Lewis George received the endorsement of the Capital Stonewall Democrats, D.C.s largest local LGBTQ political group.

D.C. Councilmember Robert White (D-At-Large), who supported Lewis Geroge for mayor, emerged as the apparent winner in the race for D.C. delegate to the U.S. House of Representatives. He received 62.9 percent of the vote in a five-candidate race.  His closest opponent, D.C. Councilmember Brooke Pinto (D-Ward 2), who conceded the race to White, received 21.52 percent of the vote.  White and Pinto have been longtime supporters of the LGBTQ community.

In other races, D.C. Councilmember Zachary Parker (D-Ward 5), the Council’s only gay member, received 76.51 percent of the vote in a three-candidate race, making him the clearcut winner in the primary.

In the Ward 1 D.C. Council race, where five LGBTQ supportive candidates were competing for the seat being vacated by incumbent Brianne Nadeau, who is not running for re-election, community activist Aparna Raj, who identifies as bisexual, has emerged as the apparent winner with 46.91 percent of the vote. Her closest opponent, gay candidate and LGBTQ rights advocate Miguel Trindade Deramo, had 20.63 percent.  

D.C. Council Chair Phil Mendelson (D-At-Large) and Councilmember Matthew Frumin (D-Ward 3) ran unopposed for re-election in the primary and emerged as winners. Also emerging as apparent primary winners were Councilmember Charles Allen (D-Ward 6), with 74.4 percenter of the vote, and D.C. Attorney General Brian Schwalb, with 90.4 percent.   

In the At-Large D.C. Council race where nine Democrats were competing for the seat being vacated by incumbent Anita Bonds, who is retiring, local pharmacist and community activist Oye Owolewa, who was endorsed by Capital Stonewall Democrats, was leading with 33.89 percent  

In the special election to fill the other At-Large Council eat that under the city’s Home Rule Charter must go to a non-Democrat, former Councilmember Elissa Silverman was leading with 54.87 percent of the vote in a three-candidate race. Incumbent Doni Crawford, who was temporarily appointed to the seat, was in second place with 24.09 percent.

At least 14 known LGBTQ candidates were among several dozen candidates competing for seats on the D.C. Democratic State Committee in the June 16 primary.

Longtime local gay Democratic activist and Ward 8 community leader Philip Pannell emerged as the apparent winner in the race for D.C. Democratic National Committeeman, one of the two highest-level State Committee positions, along with the National Committeewoman post. Pannell received 40,073 votes or 49.32 percent of the vote, according to the latest vote count.

Coming in second place in the National Committeeman race was gay Democratic activist David Meadows, who had 34,875 votes or 42.92 percent. The third candidate in the race, Mike Panetta, had 5,904 votes or 7.27 percent.  

The winners couldn’t immediately be determined in the races where most of the other LGBTQ State Committee candidates were running. Two of the presumed winners who had a sufficient number of votes to win prior to the final vote count were trans candidate Vida Rangel for the Ward 1 Democratic Committeewoman seat; and Stevie McCarty for the Ward 2 Democratic Committeeman seat. 

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