Breaking News

Friday’s Status Hearing Wraps – News

A packed D.C. court room greeted Kathy Wone and members of her family and defendants Joe Price, Dylan Ward, and Victor Zaborsky in Friday’s status hearing on the conspiracy charges brought in the murder of Robert Wone.

Editors of this site were on hand and will shortly be filing video of Price attorney Bernie Grimm’s comments to the media after the hearing, as well as video of the three defendants leaving the Moultrie building.

The news so far: an “animated” Bernie Grimm and his fellow defense team members had much back and forth with Assistant U.S. Attorney Glenn Kirschner before Judge Frederick Weisberg in the hearing that lasted an hour.

Much of the legal jousting occurred over Mr. Wone’s still apparently missing Blackberry.  Judge Weisberg also said at this point he was not inclined to rule on behalf of the defense’s Bill of Particulars request.

More news: the next status hearing is slated for May 22.

Local media on hand included WRC-TV and WTTG-TV, and the Washington Blade; several of whom chased after the defendants as they left the court house.

Look for more posts later on today’s news, the color of the hearing, and analysis as to what it means.

posted by the Editors

61 comments for “Breaking News

  1. CDinDC
    04/24/2009 at 11:59 AM

    Fantastic work, guys!!

    I’d love to know from Kathy Wone, if interest in the case has increased (media-wise) since the introduction of WMRW.com. A packed courthouse is a good thing.

    Re the defenses’ wrangling over the missing blackberry……seems like they are trying to make a a big thing out of something little. With or without that blackberry, there is enough going on evidence-wise that the blackberry is probably third-string at this point. They want that blackberry soooo badly to tighteup that timeline.

    Even if Robert was stabbed at 11:08, it would have left 41 minutes for robert to die and a clean up ensue. If this murder were premeditated, precautions could have been taken to prevent blood spillage. And with 3 people taking care of “business”……

    RIP Robert. Your justice is coming.

    • N.M.
      04/24/2009 at 3:22 PM

      I think the speed with which this crime was committed speaks to thorough premeditation and preparation. Even if Joe and Dylan had planned for things to go on longer but were interrupted by Vic’s unexpected ‘intrusion,’ the speed with which the clean-up and staging happened indicates thorough preparation.

    • Ex Swann Dude
      04/24/2009 at 10:27 PM

      There will/should be testimony eventually telling us approximately how long Wone digested his own blood. That should be better than a blackberry …

  2. TK
    04/24/2009 at 12:13 PM

    You guys rock! Glad to hear there was some mainstream media, but that you were able to get in. Can’t wait for that footage. Poor Kathy; it’s got to be hellish for her to have to sit through what is no doubt to come.

    CDinDC: wow it hadn’t even occurred to me that the defense would want that Blackberry so badly for their timeline (slapping forehead). So I wonder if it was handed over to Kathy before being imaged “by accident” (wink wink).

    • Bea
      04/24/2009 at 1:06 PM

      WMRW Editors rock – can’t wait to see the photos/video.

      Pretty good analysis, CD. Sometimes the Keystone Cops actually hurt the defendants too (though it appears the errors are unselfishly lavished on both sides).

  3. N.M.
    04/24/2009 at 1:43 PM

    Thanks from me too for the great work you are doing here….

  4. Anon. in Arlington
    04/24/2009 at 2:05 PM

    I found myself holding my breath while reading the entire posting! May need to take a morning off of work on 22 May.

    • TK
      04/24/2009 at 2:27 PM

      I’m as bad as you Anon, heart was racing a bit. Deep breaths… maybe a teeny bit too invested in this after more than 2.5 years.

  5. Friend of She Did It
    04/24/2009 at 2:42 PM

    great coverage!!!

    i remember following the scooter libby trial on firedoglake – hopefully we can get some real time once the trial begins. no date set today?

    i am looking forward to the video! is the gang still united. would love info on the current dynamic between victor and dylan.

    love to all .

    • CDinDC
      04/24/2009 at 3:00 PM

      Was Joe in his powersuit? Was Dylan a bit haggard? Was Victor following Joe around like a little lost puppy?

      And by the way folks, TheBLT confirmed my suspicions re Joe’s Arent job….he’s not on leave…….he was F.I.R.E.D in January.

      After finding porn on his work computer, it gave them a concrete reason for dismissal and distancing themselves from the whole situation.

      • Nelly
        04/24/2009 at 5:32 PM

        All I can say is… it was about time they fired him! Maybe he can find some temp document review work if it hasn’t dried up already. Or maybe his legal defense fund is supporting him.

        • CDinDC
          04/24/2009 at 5:34 PM

          Law firms are finding it hard to keep their full-time lawyers busy. I can’t imagine the temp attorney/contract attorney market is very good right now. Several major law firms have announced salary cuts for those that keep their billables up.

          • CDinDC
            04/24/2009 at 8:32 PM

            oops…can’t keep their billables up.

        • Anon. in Arlington
          04/24/2009 at 5:51 PM

          Better work fast before being disbarred. To date, VA has not taken action (this can be tracked at this site: http://www.vsb.org/disciplinary.html). From what I recall, Joe was licensed in VA and DC.

          • 04/24/2009 at 7:45 PM

            is she licensed in florida? i think that is where the parachute is supposed to land.

          • CDinDC
            04/24/2009 at 8:33 PM

            They won’t disbar until there’s a felony on his record.

  6. Nick
    04/24/2009 at 3:00 PM

    http://legaltimes.typepad.com/blt/2009/04/judge-questions-conspiracy-charge-in-wone-case.html

    I didn’t know that Price had been fired, although an AF partner did tell me he didn’t work there any more.

    • CDinDC
      04/24/2009 at 3:01 PM

      We’re channelling each other, Nick. LOL

    • Anon. in Arlington
      04/24/2009 at 3:09 PM

      Thanks for this info and link Nick! It must be tough to remove a Partner.

    • TK
      04/24/2009 at 3:12 PM

      Woah, Price was fired! I would think that porn on your computer is grounds for firing even a partner though. I wonder what they are doing for income?

      • CDinDC
        04/24/2009 at 3:22 PM

        They sold the Swann street townhouse for 1.4M. Plus I believe they liquidated some other assests. Some goes toward defense. I’m sure some is still in the bank. Plus Victor is still employed.

        They live in an apartment together. $1500-2000 a month? I’m sure Victor can swing it. He probably makes 90-100K. as mid-management. (i.e., victor is supporting them both. Dylan is winging it on his own (or daddy is supporting him….can’t imagine “Professor Mole’s Picture Dictionary” can’t be bringing in much royalties.))

        • Anon. in Arlington
          04/24/2009 at 3:53 PM

          But we can assume that a nice chunk of change was put down on the Florida home. (Sadly, that will not be touched by Mrs. Wone’s suit).

          • SheKnowsSomething
            04/24/2009 at 4:05 PM

            I suspect Joe sold the DuPont Circle townhouse to try and keep the police from searching it again, then purchased the home in Florida so he could keep assets away from any possible settlement in the wrongful death suit. OJ Simpson moved from California to Florida for that very reason. Maybe OJ can hook Joe up with his publisher for a book titled ” I Killed Robert Wone.”

            Note to Lance – If pull out your magnifying glass, you will see a very tiny “If” in the space at the beginning of the title.

            • CDinDC
              04/24/2009 at 4:09 PM

              BINGO!

          • CDinDC
            04/24/2009 at 4:10 PM

            They are renting, nonetheless….I bet Victor’s salary and support them both at the moment.

            • Entrada
              04/24/2009 at 5:17 PM

              How weird would it be to be working day to day with someone accused of all this? I’m not sure I could do it.

              • N.M.
                04/24/2009 at 5:29 PM

                I couldn’t do it. I definitely couldn’t do it.

                Were I an employee in this situation, working alongside one of them, and were I a man, I’d consider it a hostile work environment. You can’t expect someone to work alongside someone who might flip out and rape/torture/murder him (or help someone else do it). I don’t know if there would be any legal action one could take – I suppose not – but its really too much to expect an employee to function in such a situation.

                • Nelly
                  04/24/2009 at 5:33 PM

                  Negligent retention and hiring, but only after he flips out and rapes/tortures/assaults you.

                • Lance
                  04/25/2009 at 4:54 AM

                  I’ve worked in offices. I always had the feeling that I was working alongside people who might flip out and rape/torture/murder me at any moment.

                  • Kenspeckled Souckar
                    04/25/2009 at 9:32 AM

                    That is pretty amazing. Working in some offices must be very dispiriting.

                  • CDinDC
                    04/25/2009 at 10:46 AM

                    I worked for a law firm some years ago where one of the contract mailroom workers had developed an interest for the reception in a neighboring office. One evening, while under the influence of something, he disrobed and went over to the office next door. She screamed and her workmates subdued him and he was arrested. Never saw HIM again.

                    • N.M.
                      04/25/2009 at 12:04 PM

                      Jeebus. To think what I’ve been missing, working in mostly-female offices all these years.

        • Ex Swann Dude
          04/24/2009 at 10:36 PM

          If you call the management company, the rent on their 2- BR apartment is in the 2800-3500 range …

          • Ex Swann Dude
            04/24/2009 at 10:40 PM

            1640 16th Street, NW #703 (it’s in the court documents). Joe, Victor AND Dylan lived there for a few months after being charged in Fall 2008. Joe and Victor live there with Dylan (believed to be) recently vacated.

            • CDinDC
              04/24/2009 at 10:44 PM

              2800-3500…ouch.

  7. Bea
    04/24/2009 at 3:10 PM

    I wonder if Arent Fox let him take his personal photo collection with him . . . giving new meaning to “don’t let the door hit you on the ass on the way out.”

    • TK
      04/24/2009 at 3:13 PM

      LOL Bea!

  8. N.M.
    04/24/2009 at 3:18 PM

    What’s up with the “emails” – its not clear to me whether the messages recalled by the officer were actually email or text messages. In the body of the April 17 letter, page 9 of the uploaded document, item 6 refers to “two email messages.” But under Tab B, page 14 of the uploaded document, line 22 says: “In addition, although an MPD officer… recalls seeing two typed, but unsent, messages… the government does not possess records of these messages.” I would interpret that as text messages.

    Maybe this is a distinction without a difference, except to say that this lack of precision may indicate that the officer’s recollection of what he saw is vague.

    With regard to the implications of the message to Mrs. and the events that night –

    One the one hand, I totally see the point of Robert sending a message that says “i’m going to bed now.” Applying my specialized knowledge as one half of a heterosexual pairing 😉 I interpret this to mean:

    1. I have arrived at my destination safely;
    2. I won’t be sending any subsequent messages because I’ll be asleep; and
    3. I won’t be responding to calls / texts / emails from you until tomorrow morning, because I’ll be asleep – so save whatever it is until the morning.

    Makes sense to me. However, I also see the motive for Joe to have written that message – it would have served to dissuade Kathy from phoning or texting Robert to make sure he had arrived safely, or for another reason, and then worrying when he didn’t pick up or respond.

    Either way, I don’t understand why the message would have been “saved,” unsent, or in draft.

    • CDinDC
      04/24/2009 at 3:28 PM

      NM says: “However, I also see the motive for Joe to have written that message – it would have served to dissuade Kathy from phoning or texting Robert to make sure he had arrived safely, or for another reason, and then worrying when he didn’t pick up or respond.”

      My partner said the same EXACT thing.

      • N.M.
        04/24/2009 at 4:15 PM

        Well then, be sure to tell your partner how smart s/he is, and how grateful you are to have her/him! You lucky devil.

  9. Bea
    04/24/2009 at 4:15 PM

    Hey N.M., in earlier posts we weighed in about those emails. On a Blackberry (or any PDA) you can “type” an email and wait to “send” it later. While you’re right that the cops may have meant “text” it seems unlikely that one would text a business associate about the next day’s lunch plans, so I do think it was likely email.

    • N.M.
      04/24/2009 at 5:40 PM

      Thanks for the info, Bea.

      I’m totally hung up on why Robert or a-person-we’ll-call-“Joe” would type the email, presumably address it, but not hit send right away (in this case).

      Unless it was less important that the emails were sent off, than that a cop would open the blackberry and see them? Does that make sense?

      Argh. I’ve got to let this go.

      • N.M.
        04/24/2009 at 5:49 PM

        Okay – I officially think the whole email from the blackberry thing is irrelevant.

        I just used my blackberry to write an email to myself, then saved it as draft. The time stamp was 5:40. I then went into the Options file, changed the time on the phone to 4:30, saved the change, went back into email and wrote a second email to myself, which I saved as draft. That one was stamped 4:30. I then switched the device back to the correct time. The first test message was still stamped 5:40, and the second message was still stamped 4:30. And the second message still appeared before the first message in the queue.

        So the times on the message may very well have nothing to do with when they were drafted, or sent.

        I feel better now.

  10. SheKnowsSomething
    04/24/2009 at 4:27 PM

    Do any of your lawyer-types here know this judge? Any of you ever argue before his bench? The Blog of LegalTimes mentions a short exchange between defense counsel Schertler and the judge. Did Schertler get a tiny smackdown or was the judge just being funny? Editors?

    • Fascinating
      04/24/2009 at 4:36 PM

      Schertler said he was “shocked” regarding some of the shenanigans with the evidence, & the judge sorta joked, “Mr. Schertler, I doubt anything shocks you.” Everyone in the courtroom laughed.

      • CDinDC
        04/24/2009 at 5:08 PM

        The BLT quoted the judge as saying “you DON’T get shocked, Mr. Schertler” which changes the dyanamic a lot. Infers that the judge is definitely familiar with Mr. Schertler.

        • Themis
          04/24/2009 at 5:43 PM

          No attorney with Mr. Shertler’s experience litigating crimes of violence would be shocked by lost evidence, or most anything for that matter.

          • Ex Swann Dude
            04/24/2009 at 10:49 PM

            It’s probably been a few Sunday’s since any of the attorneys have worked with an ALT.com profile like Joe’s …

            • CDinDC
              04/24/2009 at 10:52 PM

              I don’t think I’ve ever met anyone that likes to swill pee. I’m sure most people can say that.

            • SheKnowsSomething
              04/25/2009 at 5:37 AM

              I never even knew a site like ALT.com existed before this site published Joe’s profile. Did Dylan and Victor have profiles there also? I wonder when Joe last logged onto the site?

              • Themis
                04/25/2009 at 8:17 PM

                There was a threesome a few years back, one Dom and two subs, that were performing castrations on subs that wanted, well, to be castrated. As I remember the Dom had a pretty interesting profile on some website, including some pics of him in western chaps sans pants. They kept the removed testes in a freezer.

                http://www.msnbc.msn.com/id/12102319/

  11. Bea
    04/24/2009 at 4:28 PM

    Sorry, no – I’m out of state.

  12. Fascinating
    04/24/2009 at 4:31 PM

    I attended today & found it very interesting. Especially seeing everyone in person.

    Sounds like both sides are anxious to get to trial.

    • Friend of She Did It
      04/24/2009 at 4:55 PM

      how did they look to you? any insight on appearance and interactions?

  13. Bea
    04/24/2009 at 4:55 PM

    Fascinating – impressions of the Three Stooges?

    • Themis
      04/24/2009 at 5:24 PM

      The AUSA says that the messages were not sent, apparently based upon the officer’s respresentations in his report. Why not simply ask Kathy Wone and the business associate about the last “messages” that they got from Robert. I imagine that those last messages were and are very precious to each of them. That may have already happened, but I would love to see what they have to say.

      • CDinDC
        04/24/2009 at 5:32 PM

        I would at least HOPE the investigators did that. I can’t imagine she won’t be a witness for the defense.

        • CDinDC
          04/24/2009 at 5:33 PM

          oops….witness for the prosecution.

      • N.M.
        04/24/2009 at 5:34 PM

        Would Mrs. Wone and the business associate have them if they weren’t sent?

        I’m very surprised the blackberry went back to RFA. Did they just assign it to a new employee? I’m not superstitious, but I think that’s really bad form. Anyway, you’d think they’d have told Mrs. Wone, not to bother, that she could just keep it – particularly with that last message on it. Oh well.

  14. CG
    05/11/2009 at 2:38 PM

    Does anyone know whether Mr. Wongs employer had password policy enforcement on. Generally speaking the timeout is usually under 120 seconds on mobile devices.

    • Lance
      05/11/2009 at 3:12 PM

      Yeah, I had expected that very thing as well (in some comment, somewhere, that I posted). But as it’s been pointed out, if a detective saw two emails on the device, he must not have had it password-locked, whether or not that was against RFA’s policies.

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