In the brief filed in DC Superior Court yesterday, lawyers on behalf of Kathy Wone announced that their third party discovery efforts in the civil suit against the defendants have resulted in “startling new information” that was obtained from the Defendants’ employers Arent Fox LLC (Joe Price’s employer) International Dairy Foods Association (Victor Zaborsky’s employer) and A.B. Data Ltd. (Dylan Ward’s employer) as well as other sources. As a result of this “startling new information,” the brief says Kathy Wone will ask the court for the right to subpoena records relating to telephone and other electronic records that the Defendants made in the days surrounding Mr. Wone’s murder.
The brief also offers a very solid argument for why the Defendant’s 5th amendment rights against self incrimination do not pertain to voluntary evidence that the Defendants already provided to the government, as well as evidence obtained by the government, including photographs of the body and weapons at the crime scene, police and autopsy reports, search warrants returns, polygraph taken by Mr. Ward, FBI reports pertaining to DNA and other biological material, and videotapes of defendant’s depositions the night of the murder.
In plain English, Kathy Wone is saying that her right to gather answers from evidence voluntarily obtained, and from the crime scene about her husband’s murder does not violate the Defendant’s right to not testify against oneself.
As usual, Mike Scarcella at the Blog of the Legal Times has done excellent reporting on the subject.
Blanket Stay Oppossed in Wone Wrongful Death Suit.Blog of the Legal Times, February 12, 2009
Plaintiff’s Consolidated Opposition to Defendant’s Motion to Stay and Protective Order
– Posted by David