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	<title>Comments on: Standard Operating Procedure</title>
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		<title>By: Robert</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10846</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Tue, 04 Aug 2009 07:00:48 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10846</guid>
		<description>NYer
Prior post indicated that you were too far way to
attend anniversary observance.  In addition to
moderators, only handful of us were there.

If I may ask, where do you presently reside.  Tho
you may have interned &quot;only&quot; in civ div, bloggers
have appreciated many insights offered by attys of
all sorts such as copywright, patent and trademark.

I am in no position to assess accuracy or currency
of legal times report.  But I agree with BEA that it
would be hard to think that prosecutors have not
offered deals to defendants &amp; incentives 2 others.

Again, BEA and I agree that defense lawyers must
have explained to clients potential consequences 4
their continuing silence.  That is if Price, Ward or
Zaborsky a/w/a others needed such explanation.</description>
		<content:encoded><![CDATA[<p>NYer<br />
Prior post indicated that you were too far way to<br />
attend anniversary observance.  In addition to<br />
moderators, only handful of us were there.</p>
<p>If I may ask, where do you presently reside.  Tho<br />
you may have interned &#8220;only&#8221; in civ div, bloggers<br />
have appreciated many insights offered by attys of<br />
all sorts such as copywright, patent and trademark.</p>
<p>I am in no position to assess accuracy or currency<br />
of legal times report.  But I agree with BEA that it<br />
would be hard to think that prosecutors have not<br />
offered deals to defendants &amp; incentives 2 others.</p>
<p>Again, BEA and I agree that defense lawyers must<br />
have explained to clients potential consequences 4<br />
their continuing silence.  That is if Price, Ward or<br />
Zaborsky a/w/a others needed such explanation.</p>
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		<title>By: NYer</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10845</link>
		<dc:creator>NYer</dc:creator>
		<pubDate>Tue, 04 Aug 2009 00:38:15 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10845</guid>
		<description>Robert - greetings fellow New Yorker. I
myself interned at the OAG civil division, and that&#039;s worth little in this forum. :)

Anyway, you asked how I know that Kirschner has not extended a plea deal. I read it specifically in the BLT: http://legaltimes.typepad.com/blt/2008/12/plea-deal-in-wone-case-not-right-now.html
Admittedly, this particular source is outdated (Dec. 30, &#039;08) and for certain, many deals could be developing behind the scenes that we&#039;re not aware of. But I assume, for the sake of these discussions, that the last reported fact is true, until we of course are updated with new developments by the press and/or the authorities.</description>
		<content:encoded><![CDATA[<p>Robert &#8211; greetings fellow New Yorker. I<br />
myself interned at the OAG civil division, and that&#8217;s worth little in this forum. <img src='http://whomurderedrobertwone.com/wp-includes/images/smilies/icon_smile.gif' alt=':)' class='wp-smiley' /> </p>
<p>Anyway, you asked how I know that Kirschner has not extended a plea deal. I read it specifically in the BLT: <a href="http://legaltimes.typepad.com/blt/2008/12/plea-deal-in-wone-case-not-right-now.html" rel="nofollow">http://legaltimes.typepad.com/blt/2008/12/plea-deal-in-wone-case-not-right-now.html</a><br />
Admittedly, this particular source is outdated (Dec. 30, &#8216;08) and for certain, many deals could be developing behind the scenes that we&#8217;re not aware of. But I assume, for the sake of these discussions, that the last reported fact is true, until we of course are updated with new developments by the press and/or the authorities.</p>
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		<title>By: Robert</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10844</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 03 Aug 2009 23:25:20 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10844</guid>
		<description>BEA
Please do not misunderstand:  I agree
with you about benefits of Zaborsky
testimony.

In DC, there are strict laws on wiretaps.
I do not know if taps would be option in
this case at home of Zaborsky aunt?

I believe reason for dropping burglary
charges against Michael Price was done
in hope Michael could provide evidence
in murder case.  My impression is he
was either unable or unwilling to do so.

I would certainly hope that everybody is
reading  your excellent posts and that it
will inspire all to &quot;do the right thing.&quot;</description>
		<content:encoded><![CDATA[<p>BEA<br />
Please do not misunderstand:  I agree<br />
with you about benefits of Zaborsky<br />
testimony.</p>
<p>In DC, there are strict laws on wiretaps.<br />
I do not know if taps would be option in<br />
this case at home of Zaborsky aunt?</p>
<p>I believe reason for dropping burglary<br />
charges against Michael Price was done<br />
in hope Michael could provide evidence<br />
in murder case.  My impression is he<br />
was either unable or unwilling to do so.</p>
<p>I would certainly hope that everybody is<br />
reading  your excellent posts and that it<br />
will inspire all to &#8220;do the right thing.&#8221;</p>
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		<title>By: Bea</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10843</link>
		<dc:creator>Bea</dc:creator>
		<pubDate>Mon, 03 Aug 2009 23:08:32 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10843</guid>
		<description>I agree that &quot;unequivocally&quot; and &quot;slam dunk&quot; are overstatements (apologies) if Victor were to cooperate.  But his testimony would go a long way toward a conviction even if he could only testify as to what happened after-the-fact (as in &quot;they were cleaning the hell out of the place and disposing of stuff&quot;).  Who is to say that there have not been wiretaps (via warrant, of course) in Aunty Marcia&#039;s or the previous rental?  Because Kirschner was so bold to comment in open court that Price is a known drug distributor, is there not a chance that he is working with THAT source as well?

As for Victor, part of my discourse here is that I assume he (like the others) read this.  And I may be the ONLY one who would think it the honorable thing to do for him to come forward, even now.  No, it doesn&#039;t erase or excuse any prior bad acts, but it&#039;s a heck of a lot better than living with that guilt the rest of his life - and my guess is that the Wone family would likely prefer it too.</description>
		<content:encoded><![CDATA[<p>I agree that &#8220;unequivocally&#8221; and &#8220;slam dunk&#8221; are overstatements (apologies) if Victor were to cooperate.  But his testimony would go a long way toward a conviction even if he could only testify as to what happened after-the-fact (as in &#8220;they were cleaning the hell out of the place and disposing of stuff&#8221;).  Who is to say that there have not been wiretaps (via warrant, of course) in Aunty Marcia&#8217;s or the previous rental?  Because Kirschner was so bold to comment in open court that Price is a known drug distributor, is there not a chance that he is working with THAT source as well?</p>
<p>As for Victor, part of my discourse here is that I assume he (like the others) read this.  And I may be the ONLY one who would think it the honorable thing to do for him to come forward, even now.  No, it doesn&#8217;t erase or excuse any prior bad acts, but it&#8217;s a heck of a lot better than living with that guilt the rest of his life &#8211; and my guess is that the Wone family would likely prefer it too.</p>
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		<title>By: Robert</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10842</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 03 Aug 2009 22:37:41 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10842</guid>
		<description>BEA
As indicated in below reply to my fellow
NYer, I tend to agree with you about  the
likelihood that this prosecutor has floated
some offers to Victor and possibly others.

Even in absence of offers yet being made, I
should think that Victor&#039;s attorney would have  apprised him of fact that if Zaborsky
talks then Zaborsky walks further away
than his beloved Price or not so Ward.</description>
		<content:encoded><![CDATA[<p>BEA<br />
As indicated in below reply to my fellow<br />
NYer, I tend to agree with you about  the<br />
likelihood that this prosecutor has floated<br />
some offers to Victor and possibly others.</p>
<p>Even in absence of offers yet being made, I<br />
should think that Victor&#8217;s attorney would have  apprised him of fact that if Zaborsky<br />
talks then Zaborsky walks further away<br />
than his beloved Price or not so Ward.</p>
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		<title>By: Robert</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10841</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 03 Aug 2009 22:33:58 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10841</guid>
		<description>NYer
By the way, I am a Native New Yorker and
interned at NY DA for whatever that is worth.

I think you make good points about &quot;retrib
justice&quot; and ultimate &quot;accountability.&quot;  It
would appear that you &amp; I are on same page.

I also tend to agree more with you than BEA
about significance of Zaborsky&#039;s culpability --
even if he is only accessory after the fact.

May I ask how you know that Kirschner hasn&#039;t
offered plea bargains in manner of informant
deals to any of the accused in this case?

The fact that prosecutor may not have offered
plea bargains does not answer question for us.

Furthermore, there is no guarantee that the
Zaborsky testimony would be sufficient to
unequivocally convict Price &amp; Ward of murder.</description>
		<content:encoded><![CDATA[<p>NYer<br />
By the way, I am a Native New Yorker and<br />
interned at NY DA for whatever that is worth.</p>
<p>I think you make good points about &#8220;retrib<br />
justice&#8221; and ultimate &#8220;accountability.&#8221;  It<br />
would appear that you &amp; I are on same page.</p>
<p>I also tend to agree more with you than BEA<br />
about significance of Zaborsky&#8217;s culpability &#8211;<br />
even if he is only accessory after the fact.</p>
<p>May I ask how you know that Kirschner hasn&#8217;t<br />
offered plea bargains in manner of informant<br />
deals to any of the accused in this case?</p>
<p>The fact that prosecutor may not have offered<br />
plea bargains does not answer question for us.</p>
<p>Furthermore, there is no guarantee that the<br />
Zaborsky testimony would be sufficient to<br />
unequivocally convict Price &amp; Ward of murder.</p>
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		<title>By: Robert</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10840</link>
		<dc:creator>Robert</dc:creator>
		<pubDate>Mon, 03 Aug 2009 22:23:33 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10840</guid>
		<description>BEA
You may recall I am a lawyer (both prosecutor
&amp; defense attorney) for whatever that is worth.

When it comes to criminal prosecutions in
general and murder trials in particular, I
hesitate to say that anything is a &quot;slam dunk&quot;
especially where jury is making determination.

As you may know, the &quot;hearsay rule&quot; is much
more complicated than understood.  Of course,
I agree with you that Zaborsky may testify to
what he saw and heard as well as whatever he
himself may have done.  And if Victor did what
you think, he is guilty of aiding and abetting.

Are you saying that the marital privilege is
vitiated by third party witness (not my
understanding) or only that others could
testify to whatever Victor could not?

Please know I do not disagree with you about
likelihood of Zaborsky being accessory after
fact &amp; thus less culpable than Price or Ward.

Again like yourself, I would appreciate Victor&#039;s
coming forward -- whatever his reason may be
for doing so.  But there is a difference between
doing that which is&quot;respectable&quot; &amp; that which
is &quot;honorable.&quot;  Joseph&#039;s presence at Robert&#039;s
funeral was respectable but not honorable.

However, I would urge you to read my recent
posts regarding ketamine administration. K
can kill one by overdose which relates to my
earlier theory about Price and Ward thinking
either that:  1) Wone was alive when he was
dead; or 2) Wone was dead when he was alive.

If Price and Ward saw Robert coming out of
stupor with apparent knowledge, they might
have killed him out of fear (notwithstanding
that rape would be considered by most to be
not so morally reprehensible as murder).

If Price &amp; Ward saw Robert was not breathing,
Joseph &amp; Dylan might have killed Robert out
of panic and in hope that authorities would be
misled into thinking intruder stabbed Wone
to death rather than realize that Joseph and
Dylan actually overdosed Robert to death.

Furthermore:  if Wone died of ketamine OD
his than stabbing would have occured &quot;post
mortem.&quot;  As confirmed by medical doctor
friend, PM wounds would have yielded little
blood.  Thus, that much less clean up for
whomever was involved after the fact.

Under a &quot;post mortem&quot; scenario, there might
have been no need for entrusting disposal of
then nonexistent bloody articles by a &quot;fourth&quot;
woman or man such as Michael P or Sarah M!

Thanks for your input.</description>
		<content:encoded><![CDATA[<p>BEA<br />
You may recall I am a lawyer (both prosecutor<br />
&amp; defense attorney) for whatever that is worth.</p>
<p>When it comes to criminal prosecutions in<br />
general and murder trials in particular, I<br />
hesitate to say that anything is a &#8220;slam dunk&#8221;<br />
especially where jury is making determination.</p>
<p>As you may know, the &#8220;hearsay rule&#8221; is much<br />
more complicated than understood.  Of course,<br />
I agree with you that Zaborsky may testify to<br />
what he saw and heard as well as whatever he<br />
himself may have done.  And if Victor did what<br />
you think, he is guilty of aiding and abetting.</p>
<p>Are you saying that the marital privilege is<br />
vitiated by third party witness (not my<br />
understanding) or only that others could<br />
testify to whatever Victor could not?</p>
<p>Please know I do not disagree with you about<br />
likelihood of Zaborsky being accessory after<br />
fact &amp; thus less culpable than Price or Ward.</p>
<p>Again like yourself, I would appreciate Victor&#8217;s<br />
coming forward &#8212; whatever his reason may be<br />
for doing so.  But there is a difference between<br />
doing that which is&#8221;respectable&#8221; &amp; that which<br />
is &#8220;honorable.&#8221;  Joseph&#8217;s presence at Robert&#8217;s<br />
funeral was respectable but not honorable.</p>
<p>However, I would urge you to read my recent<br />
posts regarding ketamine administration. K<br />
can kill one by overdose which relates to my<br />
earlier theory about Price and Ward thinking<br />
either that:  1) Wone was alive when he was<br />
dead; or 2) Wone was dead when he was alive.</p>
<p>If Price and Ward saw Robert coming out of<br />
stupor with apparent knowledge, they might<br />
have killed him out of fear (notwithstanding<br />
that rape would be considered by most to be<br />
not so morally reprehensible as murder).</p>
<p>If Price &amp; Ward saw Robert was not breathing,<br />
Joseph &amp; Dylan might have killed Robert out<br />
of panic and in hope that authorities would be<br />
misled into thinking intruder stabbed Wone<br />
to death rather than realize that Joseph and<br />
Dylan actually overdosed Robert to death.</p>
<p>Furthermore:  if Wone died of ketamine OD<br />
his than stabbing would have occured &#8220;post<br />
mortem.&#8221;  As confirmed by medical doctor<br />
friend, PM wounds would have yielded little<br />
blood.  Thus, that much less clean up for<br />
whomever was involved after the fact.</p>
<p>Under a &#8220;post mortem&#8221; scenario, there might<br />
have been no need for entrusting disposal of<br />
then nonexistent bloody articles by a &#8220;fourth&#8221;<br />
woman or man such as Michael P or Sarah M!</p>
<p>Thanks for your input.</p>
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		<title>By: Bea</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10839</link>
		<dc:creator>Bea</dc:creator>
		<pubDate>Mon, 03 Aug 2009 22:02:19 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10839</guid>
		<description>I think it&#039;s quite unlikely that Victor hasn&#039;t had test balloons of &quot;deals&quot; through his attorney.  My guess is that the DA is still trying that.</description>
		<content:encoded><![CDATA[<p>I think it&#8217;s quite unlikely that Victor hasn&#8217;t had test balloons of &#8220;deals&#8221; through his attorney.  My guess is that the DA is still trying that.</p>
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		<title>By: NYer</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10838</link>
		<dc:creator>NYer</dc:creator>
		<pubDate>Mon, 03 Aug 2009 21:36:59 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10838</guid>
		<description>It&#039;s a tough question- overall, I think that retributive justice can be adequately served with the obstruction charges. But of course such a punishment would lack symbolic significance in terms of accountability.

Anyway, even assuming a scenario in the most favorable light for Z. (that only W. and P. committed the crime, and Z. woke up to find RW dead, placed the 9-1-1 call and was not being a part of the homocide), his deliberate silence with each passing day since the homocide has made him a party to criminality. (Recall that P. had been characterized by prosecutors as wanting to do all the talking for Z. and W. -this strongly implies that Z was &quot;in on it.&quot;) It is very telling that Kirschner&#039;s office has offered no plea bargain in this case to date. What that suggests to me is that the prosecution believes that they all deserve to be convicted.

I regret missing the vigil, but I live far away. I learned of Wone&#039;s case only a week ago through the WSJ blog, and commend them for being one of the few non-DC outlets to call attention to this travesty and tragedy.</description>
		<content:encoded><![CDATA[<p>It&#8217;s a tough question- overall, I think that retributive justice can be adequately served with the obstruction charges. But of course such a punishment would lack symbolic significance in terms of accountability.</p>
<p>Anyway, even assuming a scenario in the most favorable light for Z. (that only W. and P. committed the crime, and Z. woke up to find RW dead, placed the 9-1-1 call and was not being a part of the homocide), his deliberate silence with each passing day since the homocide has made him a party to criminality. (Recall that P. had been characterized by prosecutors as wanting to do all the talking for Z. and W. -this strongly implies that Z was &#8220;in on it.&#8221;) It is very telling that Kirschner&#8217;s office has offered no plea bargain in this case to date. What that suggests to me is that the prosecution believes that they all deserve to be convicted.</p>
<p>I regret missing the vigil, but I live far away. I learned of Wone&#8217;s case only a week ago through the WSJ blog, and commend them for being one of the few non-DC outlets to call attention to this travesty and tragedy.</p>
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		<title>By: Bea</title>
		<link>http://whomurderedrobertwone.com/2009/07/27/standard-operating-procedure/comment-page-1/#comment-10837</link>
		<dc:creator>Bea</dc:creator>
		<pubDate>Mon, 03 Aug 2009 21:26:41 +0000</pubDate>
		<guid isPermaLink="false">http://whomurderedrobertwone.com/?p=5268#comment-10837</guid>
		<description>Just a clarification - correct that if Victor was asleep for the most horrific part, he couldn&#039;t testify to having witnessed that.  But it&#039;s a slam dunk murder conviction if he wakes up to &quot;noises&quot; and sees/hears Joe telling Dylan to go down for the kitchen knife, hears Joe wake Sarah to take the murder weapon and bloody towels/sheets to a dumpster, and tells Victor what he &quot;needs&quot; to say on 911 call and to lie that he (Joe) was next to him.  If Victor testifies that Joe begged him to go along with it &quot;because it just went all wrong&quot; and &quot;the next thing they knew Robert was dead&quot; - and they stabbed him.  Before you say &quot;hearsay&quot; recall that that&#039;s an oft-used TV show expression (if you&#039;re a lawyer, apologies - for so many reasons:)) but he&#039;d be able to testify as to everything he saw, and almost everything he heard (even with the marital privilege since likely it was overheard by Dylan and/or others).

I appreciate your opinion, but think that what Victor DID (granted, my opinion only) versus what the murderers did, and him feeling compromised and likely &quot;guilty&quot; for having gone so long, and not wanting &quot;to sell out&quot; the love of his life, I would still respect Victor greatly for taking the step in coming forward.</description>
		<content:encoded><![CDATA[<p>Just a clarification &#8211; correct that if Victor was asleep for the most horrific part, he couldn&#8217;t testify to having witnessed that.  But it&#8217;s a slam dunk murder conviction if he wakes up to &#8220;noises&#8221; and sees/hears Joe telling Dylan to go down for the kitchen knife, hears Joe wake Sarah to take the murder weapon and bloody towels/sheets to a dumpster, and tells Victor what he &#8220;needs&#8221; to say on 911 call and to lie that he (Joe) was next to him.  If Victor testifies that Joe begged him to go along with it &#8220;because it just went all wrong&#8221; and &#8220;the next thing they knew Robert was dead&#8221; &#8211; and they stabbed him.  Before you say &#8220;hearsay&#8221; recall that that&#8217;s an oft-used TV show expression (if you&#8217;re a lawyer, apologies &#8211; for so many reasons:)) but he&#8217;d be able to testify as to everything he saw, and almost everything he heard (even with the marital privilege since likely it was overheard by Dylan and/or others).</p>
<p>I appreciate your opinion, but think that what Victor DID (granted, my opinion only) versus what the murderers did, and him feeling compromised and likely &#8220;guilty&#8221; for having gone so long, and not wanting &#8220;to sell out&#8221; the love of his life, I would still respect Victor greatly for taking the step in coming forward.</p>
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