24

Time Is Running Out

We’ve all had 72 hours to contemplate the outcome of this trial, and have just 24 more to go.

For those who decided to stay indoors away from the heat and catch up on the Defense’s Motion to Acquit and the Government’s Opposition,  many perhaps have formed an opinion on the decision Judge Leibovitz will render in 24 hours.  Both documents strongly summarize each side’s position, emphasizing the key points that the legal teams feel Judge Leibovitz should consider when making her decision.

In lieu of debating courtroom activities or the latest filings, we’d like to take the pulse of the readers and have three survey questions.

For discussion: Was there a turning point for you, and if so, what was it?  Who among the witnesses was most effective, and who among the large legal teams do you think performed the best?  Who of the defendants do you believe most warrants to be found guilty, or acquitted?  And are you any closer to answering the basic questions of August 2nd, 2006?

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susan
susan
13 years ago

Was there a turning point for you and what was it?

There were a lot of turning points for me and they keep coming the more I educate myself with the incredible information on the WMRB webpage.

When I first joined the discussion here, I believe it was AnnaZed who suggested I start with WMRW 101. I did, and I’ve been reading on since. I’d say for anyone who has not availed him/herself to the information on this site–legal documents, photos, diagrams, comments from attys, friends, neighbors, etc., you are really missing out on a fuller picture of the circumstances surrounding these crimes.

I say these crimes because I believe there was a conspiracy and obstruction.

When I stripped away subjective information (he looks so “nice” at court, he looked defensive, he has glassy eyes, he did nice pro bono work for VA Equality, etc.) and just looked at the known facts, I worked my way through the intruder “theory” presented by JP and company. I took it step-by-step and the conclusion that presented itself was that that “theory” is preposterous. I used the Washington Post layout of the house, even went by the house itself, etc.

Then I look at the contradictory statements made by the defendants. Here are just a few that stood out to me, among many:

* VZ said that when he came downstairs to bring JP the towel to apply to RW, D. Ward was standing in the doorway. VZ said that JP was already applying pressure when he got there. But D. Ward, in his testimony, said that he did NOT see any “life-saving” measures being taken by JP.

* VZ’s 911 call. If there was just one thing then I might concede what some others have posted about the stress of the moment. But there were so many:
-He says “We think they have one of our knives.” There’s the “We” and the “one of our knives.”
–And then when the operator says something about does VZ think the murderer HAS the knife, VZ says he “thinks so.” He DOES? How would that be? Did he see the “intruder”?
–Then, supposedly the reason he left a dying stabbed man to go up one flight of steps to use a third-floor phone while ignoring TWO phones right there in the room, the police are told it’s because VZ was hysterical. Yet, when he is taking his script from JP, supposedly back in the scene of the hysteria, his voice is incredibly calm. Wow.
–Then the asking about the time.
–Getting the WRONG time wrong in EXACTLY the same way JP gets it in later accounts to police.

*JP lying to police about his drug addicted, criminal-associating brother having the key to his house.

*The “Loud Screams” turning to “low grunts” post the Mercedes confab.

*D. Ward’s saying that he was “afraid” the “intruder” was still in the house so that’s why he went back to his unlocked room and hung out. He didn’t huddle with his friends in a locked room. Didn’t use his cell phone (as far as we know) to get the police or someone on the phone so he wouldn’t be alone. Didn’t lock his bedroom door. Nothing.

*Hearing (in the overflow room at the court) the hesitant calm voices of JP and DW talking about the murder. One word: Creepy.

Those are just some of the things that swayed me.

Anonymous Friend
Anonymous Friend
13 years ago
Reply to  susan

I must have missed your post on this – would you mind repeating what you overheard JP saying in the overflow room about the murder? Thank you.

greta
greta
13 years ago

Just a question — has anyone ever been involved with any criminal case with the judge as the triar of fact? If so, how did he/she present the verdict — as a jury would or with any explanation of the verdict? Either way, I wonder what/how much she will say tomorrow..Thank you

chilaw79
chilaw79
13 years ago
Reply to  greta

The vast majority of my litigation matters are bench trials. The practice differs. Most judges provide short opinions on any legal issues that are at all controversial. They may read the opinion from the bench.

Other judges simply issue a short written order.

I am not sure whether Judge Leibowitz has issued any written decisions along the way. I think she will issue a four or five page opinion.

Clio
Clio
13 years ago

When I had first heard of the case in October 2007 from a close friend of Mr. Price, I could not believe that the legal counsel of Equality Virginia could possibly be guilty of such horrible crimes. Mr. Price had done so much for gays such as myself in Thomas Jefferson’s “country” of Virginia: as a nobody member of Equality Virginia, I felt that he should step down as Legal Counsel and take a lower public profile, perhaps, due to the scandal, but he still COULD not be guilty. A random intruder or then, after the “burglary”, no-good brother Michael did it, I guessed!

The turning point for me was when the Swann Street Three failed to show for the Holder news conference of August 2007. Before that, I had half-believed the intruder theory and/or had believed the Michael angle with burglar as killer. But that no-show foreshadowed their continued stonewalling that went right through their trial. And it certainly screams, to me, that they all have something to hide.

Who actually plunged the knife into Robert? I still do not know, but the universe of suspects is still limited to the male residents of 1509 Swann at home on that night.

The indictments and affadavits confirmed my worst suspicions about the arrangements at Swann; the trial itself was anticlimatic, more a war of attrition than a blitzkrieg on either side. SDI is on to something here. Yet, thanks to the defendants’ own words, recorded in the “Anacostia Dialogues”, the strange 911 call, and their electronic and other correspondences, justice will be served … at least partially tomorrow.

Accordingly, I voted with the majority above: mixed verdict with two defendants or more guilty as charged.

Clio
Clio
13 years ago
Reply to  Clio

Oops, I first heard of the case in October 2006, not 2007.

christy love
christy love
13 years ago
Reply to  Clio

Why would them not showing for the conference sway you? They were already suspects at that point, I would have stayed away too, innocent or guilty.

Carolina
Carolina
13 years ago
Reply to  christy love

But you’d serve as pallbearer at Robert’s funeral?

Clio
Clio
13 years ago
Reply to  christy love

If I was truly innocent of killing a friend in my own home, then I would have showed up to scream my innocence to all who would hear. I would not have hid behind lawyerly prudence, unless, of course, I had done something wrong. The news conference was a key litmus test, and failing to show up strongly suggested to me that the now defendants had probably committed at least a cover-up and perhaps a murder on August 2, 2006.

And, from a PR standpoint for the trouple, it was a disaster that led to the indictments and the founding of this blog.

prtyboydc
prtyboydc
13 years ago
Reply to  Clio

There’s a saying: “I think thou doest protest too much.”

Carolina
Carolina
13 years ago

I just read a post from yesterday stating that an estim can’t produce ejaculate.

It was wrong.

You’re just going to have to trust me on this.

CDinDC (Boycott BP)
CDinDC (Boycott BP)
13 years ago
Reply to  Carolina

LOL

Wulfila
Wulfila
13 years ago
Reply to  Carolina

Hi Caroline, that was probably mine. What I said was, you’d have to be *highly motivated* for it to produce an ejaculation (i.e., you’d need a whole lot of other stimulation, at minimum visual, but likely others as well). There is simply no way you could “force” an unwilling person to ejaculate using a Tens Unit (with the right accessories, e.g., a prostate accessory, you might be able to achieve a slight dribble not unlike precum, but even that would be doubtful if the person it is used on is unwilling). But an ejaculation on someone who doesn’t want one? Can’t happen (the manufacturer also said as much). This isn’t random speculation–I have quite a bit of experience with just such a device.

Don’t get me wrong–I think it’s highly likely all 3 are guilty of the current charges (and likely more), I just don’t think anyone forced an ejaculation using a Tens Unit.

Wulfila
Wulfila
13 years ago
Reply to  Wulfila

Sorry, I meant “Carolina” 🙂

Carolina
Carolina
13 years ago
Reply to  Wulfila

I can tell you that an unconscious male, be he leopard or human, can ejaculate in under 2 minutes using many varieties of e-stim. Consciousness will occasionally take longer, but to say it requires the motivation of a quarterback on prom night is vastly underestimating the effects.

Yes, the manufacturer did say it was not “for that purpose and wouldn’t work for that.” They lied like so many others in this case.

Carolina
Carolina
13 years ago
Reply to  Wulfila

YMMV. How old are you? Because… let’s just leave it there.

Vito
Vito
13 years ago

How come there is still little mention of Scott Hixson? Early on there was a bit of discussion regarding his sexual involvement with two of the three at 1509 but then when the ambulance shows up and the stretcher is removed, he only watches from afar, not with what I would consider the concern of a lover or even a good friend of the trouple. This to me is very telling in that he might have been there earlier as well and quite possibly assisted in the removal of some of the evidence. Was there ever anything more discovered regarding Mr. Hixson’s possible involvement?

I’m sorry but I can’t seem to stop hypothesizing and wondering who, what, where, how, and WHY?

May we all have the strength to deal with tomorrow’s decision……..whatever it may be……..

CDinDC (Boycott BP)
CDinDC (Boycott BP)
13 years ago
Reply to  Vito

i find it odd that he couldn’t tell who came out of the hosue in his underwear and he lives across the street. If my neighbor was outside in his underwear damn skippy I could tell who it was.

cinnamon
cinnamon
13 years ago

I found it odd that he didn’t care to go over to the house to see if they were okay when he saw an ambulance but he was a close enough friend that he was the person they called to pick them up from the police station.

NYer
NYer
13 years ago

He may have had his “own thing” going on at the time- not to mention he might have been cooking up or doping, etc.- who knows?

Clio
Clio
13 years ago
Reply to  NYer

Is/was the Hixson home “a sardine can”, too?

Carolina
Carolina
13 years ago

Hey, maybe he was steaming up the windows.

AC71
AC71
13 years ago
Reply to  Vito

I too find it very odd that Scott Hixson would not go out and find out what happened IF he was really good friends with the household. Especially when he noticed an ambulance, person on a stretcher, etc. However if you factor in that perhaps they really were not good friends then it makes sense.

If he had just a friends with benefits kind of relationship with the three then it would make sense that he did not run out to check on them. Perhaps they just had a pure pleasure get in and get off kind of relationship and nothing more. When you have a fun only relationship with someone you tend to keep it that way and do not go outside the boundaries. Also perhaps Scott was thinking that one of them had accidentally overdoesed on some sort of recreational drug. Now that would be embarassing.

And if they had a pure hook up relationship that would be emabarassing and outside the boundaries of a FWB type relationship, so maybe he just stayed back. Often times an ambulance at night in Dupont Circle has something to do with a recreational drug overdose. Perhaps this is what he was thinking and he wanted to leave them some privacy. I am just speculating on all of this, just a theory.

As for why they called him to pick them up, well he lived right near them, they would not want to call someone that they knew professionally. And they probably assumed he already saw the ambulance so he knew about it. It would not be like they had to call someone and tell them the whole story, they felt comfortable to call him because he already knew something had happened.

Also I think Dylan was not allowed to take a cell phone with him, I read that somewhere. Perhaps they could not think of anyone else to call without their list of contacts with them. I do not know if the other two were told they could not take a phone with them but I do recall that Dylan was not.

Clio
Clio
13 years ago
Reply to  AC71

The Mercedes meeting suggests to me a deeper relationship between Mr. Hixson and the defendants than say, a Craigslist Blow and Go. That’s why his distancing behavior is strange for that context.

AC71
AC71
13 years ago
Reply to  Clio

When you have a F-bud type relationship with someone you tend to keep a distance from the more serious aspects of their life and yours too for that matter. You keep things very casual. The relationship exists only for mutual physical pleasure. Taking the relationship any further only complicates things and endangers loosing the no strings aspect of the relationship.

As for what was said at this Mercedes meeting I think that was purely the result of a narcissistic and self absorbed person craving attention.

Carolina
Carolina
13 years ago
Reply to  AC71

Exactly.

And where do all of these people live who run over to a neighbor’s house when they see police, ambulance and fire truck at that gate?

They really think they can add anything but a distraction?

Let’s face it, if they go, it’s more about being a Gladys Kravitz than a Florence Nightengale.

WillC
WillC
13 years ago
Reply to  AC71

yellow cab

AC71
AC71
13 years ago
Reply to  WillC

I don’t think you can exactly hail a cab in Anacostia. I am not sure but I think that is where the Violent Crimes Branch is located.

As for calling a cab to come there I had a good friend that lived in Shaw a few years back and I can firmly tell you that it can even be a challenge to call for a pick up in certian areas on the eastern side of NW DC.

Craig
Admin
13 years ago
Reply to  AC71

No one needed a cab. Sarah Morgan, Michael Price (and Lisa Goddard?) went to the VCB. Hixson’s arrival made it a motorcade.

Kudos to whoever it was with the Gladys Kravitz nod.

Carolina
Carolina
13 years ago
Reply to  Craig

Thank you, sir.

YournormalJoe
YournormalJoe
13 years ago

So, any guesses what the 3 are doing tonight ?

Who’s guilty of murder ?
Can’t say.

Who’s guilty of knowing what happened ?
All 3.

Who’s guilty of hiding the facts ?
All 3.

Judge Leibovitz do the right thing.

Clio
Clio
13 years ago
Reply to  YournormalJoe

Well, they may be exercising in their own rooms at Aunt Marcia’s. Another possibility: the Tiger Aunt accidently burned the steaks for dinner tonight, and they had only tap water in this heat to drink. After the meal, a rerun of “Project Runway”, their favorite, may be running on a cable TV tonight: otherwise, it’s Spike TV all the way for our boys.

susan
susan
13 years ago
Reply to  Clio

You are funny.

Sandra Renee Hicks
Sandra Renee Hicks
13 years ago

Greetings –

Whatever occurs tomorrow in the courtroom of the Honorable
judge – it is complete truth that the Supreme JUDGE – GOD
will render His verdict – no guessing there.

It is in the best interest of the defendants to come clean because the judge in courtroom 310 shall not render their FINAL verdicts.

The blood of Robert Wone cries out for justice. His blood shall be avenged!

Believe that GOD is furious at the murder, the cover-up, the
stonewalling, and the utter viciousness of the crime.

DYLAN,JOEThey need to confess…judgment day is real….

YournormalJoe
YournormalJoe
13 years ago

…or, if you’re not religious, it’s just the right thing to do.

Clio
Clio
13 years ago
Reply to  YournormalJoe

For what it’s worth, Zeus, Shango, and Vishnu were/are really pissed off at what went down, too!

Carolina
Carolina
13 years ago
Reply to  Clio

I think some people are going to be pretty let down by the Big By and By, especially since most of their fondness for it seems to involve someone else getting their ass kicked by The Big Guy On High.

mw
mw
13 years ago

From a religious perspective, aren’t the defendants kind of screwed anyway?

susan
susan
13 years ago

Another big factor for me in seeing JP’s guilt. Huge factor. He told one friend (T. Ragone) that he “removed the knife” from RW’s chest and the other (Hixson) that he “pulled it out” of RW’s chest.

BTW, big diff. btw removed and pulled out and “moved” the latter which he told police.

Here’s an example:

He moved the evidence.
He removed the evidence.

BTW, I think the latter is more than an example in its entirety.

ohplease
ohplease
13 years ago

This site has not provided any insights into typical homosexual lifestyles. Period.

CDinDC (Boycott BP)
CDinDC (Boycott BP)
13 years ago
Reply to  ohplease

This site is not a primer for homosexuality.

VeryNewEyes (Jackie)
VeryNewEyes (Jackie)
13 years ago

Hey folks, go back and read my post, I never said anything about learning about homosexual lifestlyles on here or using this site as a primer. Tarfunk did. But I did learn a few things I did not know. Gees too much stress going on?

Bill Orange
Bill Orange
13 years ago

Sorry you had your head bitten off, Jackie. I happen to be gay, but even I’ve been “educated” by a number of the things that have some up in this case. (“You put that WHERE?”)

Deb
Deb
13 years ago

Thirteen hours to go.

nowwhat
nowwhat
13 years ago

will Joe, if convicted, be taken into custody tomorrow? If so, what should he pack (or…Joe…what are you packing?)

nowwhat
nowwhat
13 years ago
Reply to  nowwhat

Do they allow sonicare plug-in type toothbrushes in prison???????

Bill Orange
Bill Orange
13 years ago
Reply to  nowwhat

The lawyers will know more about the protocol than I do, but I think defendants are routinely allowed out on bail until sentencing, in order to get their affairs in order.

In this particular case, I’ll give you even odds that–assuming there are convictions–the judge is going to say, “You’ve had 3 1/2 years, and I just gave you an extra weekend. Your time’s up.”

Carolina
Carolina
13 years ago
Reply to  nowwhat

No he won’t, which was discussed a few days ago.

Sandra Renee Hicks
Sandra Renee Hicks
13 years ago

A TALE THAT IS TOLD

He needs to recognize the obvious reality.
He has been out of the loop.
The knot has tightened…
It is a done deal –

He is in it but not of it….

He cooked his own goose.

Threes no more….

snake eyes….

Dismantle….

Detach, vacate, confess….

Candlelight vigil
Candlelight vigil
13 years ago

The time for speculation is just about over. Next will come all the arguments about whether the verdicts are right or wrong. I never met Robert Wone but he was so much more than his murder. Tomorrow night, no matter what the verdict, with or without a candle, I’m going to walk over to 1509 Swann St and say a little prayer for him and for Kathy. I hope she finds some peace.

YournormalJoe
YournormalJoe
13 years ago

What a great idea.
Time ?

candlelight vigil
candlelight vigil
13 years ago
Reply to  YournormalJoe

I was thinking 9 pm.

thinktheyRguilty
thinktheyRguilty
13 years ago

Give them the maximum jail time. Joe moved or removed the knife, but Victor thinks the intruder has one of their knifes???? OH PLEASE!

BenFranklin
BenFranklin
13 years ago

86% of poll takers will need this recipe tomorrow.

1. Lay the crow on it’s back in front of you with it’s head pointed to the right.

2. Take a finger and locate where the breast bone meets the upper abdomen.

3. With a sharp knife, make a cut across the crow (wing to wing) below the breast bone. Don’t be concerned about cutting too deep, no edible meat will be damaged with this cut.

4. Holding the birds feet with your left hand, place 2 or 3 fingers under the skin where the cut was made and pull in opposite directions. The skinless breast meat should now be exposed.

5. Take the knife again and separate each breast half away from the bone starting in the middle and working outward. You should end up with 2 lime sized pieces of crow breast. Discard the remains properly.

Boil until tender & eat with humility.

Scott
Scott
13 years ago

First-time poster, but I’ve been following since around the time the trial began. I had never heard about this tragedy until seeing some fleeting MSM mention of it (I think maybe the MSNBC website, but I don’t remember) a couple of months ago, I guess it was, and then I ultimately found myself checking in here regularly.

I’ve been really impressed with the dedication of the guys running the blog along with all the thoughtful commentary in the blog entries and comments.

I’ve felt puzzled most of the way through, but I’ve settled on feeling that the most likely scenario (as several others have suggested) is that the murder happened to cover up some kind of drugging and experimentation gone wrong, the true details of which have been obscured by the trio. The intruder theory seems absurd to me, although the whole situation is so strange no matter what happened.

The one detail that keeps bothering me is the timeline, because it seems like a lot must have happened between 10:30 and the 911 call. Granted, it’s not that there’s not enough time, but it still seems like a narrow interval of time if the murder was really a desperate coverup when their original plans went wrong. Considering whatever cleanup and disposal of evidence had to be involved, along with staging the murder scene. So that’s been one nagging issue, for me.

In any case, I do think that’s what happened. For a while, I felt like it never looked like there wasn’t a strong enough case to get beyond a reasonable doubt, but the tipping point for me was after looking at that last document from the prosecution. I found it persuasive in the way it outlined all the inconsistencies and the efforts by the defendants to push a particular (but evolving) narrative. Reviewing the original interviews also was convincing to me that they were obstructing, and in a coordinated way.

Having said that, I wouldn’t be surprised by any outcome (except that I think JP is somewhat more likely than the others to receive guilty verdicts, and VZ somewhat less likely). I’m reassured that the judge seems extraordinarily fair, practical, and sharp. So I have faith that she’ll reach the appropriate legal verdicts, and I hope that will be some measure of justice for the Robert Wone.

mdg
mdg
13 years ago
Reply to  Scott

All well stated. First-time poster here too.

ReasonableDoubt
ReasonableDoubt
13 years ago

I don’t think the government has proven it’s case to the legal standard of “beyond a reasonable doubt.” While there are many unanswered questions–disturbing ones at that–they only serve to confuse the case at hand, not prove any crime was committed by the defendants.

That’s not to say I don’t think they may know more than they have, to date, revealed. But I don’t think that they have overtly lied. I think, perhaps, Michael Price plays a bigger role in this than we now know–but frankly, who,among the three, other than Joe would know that for certain,is a mystery.

But I wholeheartedly believe that neither of the three defendants killed Robert Wone. I got to know Joe, Victor and Dylan between the years of 1999-2003, give or take a year on either side. I have been “intimate” with at least two of the three, visited their capitol hill home, been clubbing with them and, if I’m not mistaken, spent time with them in Rehoboth Beach at parties and small gatherings. I wouldn’t say they were good friends of mine, but social friends, “play buddies” and acquaintances all would be accurate descriptions. It has been years since I have spoken to or had any interaction with them, but I just cannot believe any of the three being capable of brutally murdering anyone, much less someone they knew as a a friend.

Even if one factors in Joe and Dylan’s proclivities for BDSM,nothing about those sexual fantasies comes close to homicide. As for the events of August 2, 2006 actually being a drug-induced sexual conquest gone wrong? It doesn’t fit unless we accept that Robert Wone was a willing participant, which I and seemingly most others are unable or unwilling to do. Even so, the time line becomes a challenge. I’ve taken or used almost every party- or sexually enhancing drug there is, ecstasy, ketamine, GHB, crystal meth, coke, acid….among others. The only one that could possibly incapacitate Robert to a state of solid unconsciousness in 30 minutes or less would be GHB, presumably slipped to him in his glass of water. But in water, GHB has a strong bitter taste that would be impossible to ignore. Even if Robert had one or two sips, it would be difficult to surmise he ingested enough to render him unconscious. Plus this theory assumes Joe and/or Dylan saw Robert as a sexual conquest and there’s nothing at all–other than conjecture–to support it.

There are pieces of this puzzle missing still. But I believe that the ones we have can be arranged to form a picture that does not include one or more of the defendants committing murder. It goes against what I know of them privately and what the world knows of the publicly. Mostly, is leaves unanswered the most important question: Why? So much of the discussion on this site has focused on constructing and deconstructing “how” Robert died in hopes of revealing his killer that the question of “why” he was killed has been largely ignored.

dlpeters
dlpeters
13 years ago

I don’t know why, but for some reason I’m very teary this morning in anticipation of this verdict. I did not know Robert Wone and have never met any of the defendants or those involved with this trial. But for some reason, I’m personally attached to the outcome and the anticipation and suspense is causing great anxiety and heartbreak.

Like many, I only casually became aware of the murder through news reports. Without much knowledge of the facts, I immediately thought the intruder story might have been a possibility as random acts of violence in the District are not implausible. But later as I read reports about the lack of progress in the case it started to dawn on me that perhaps the attacker might have been someone whom the defendants knew. Never did it occur to me, however, that they themselves would be the perpetrators of violence upon a guest in their home.

As the facts were revealed through the trial and this amazing blog, coupled with the insight and analysis of those who posted comments and possess a much better knowledge of the legal process, I have come to believe, as others have posted, that the actual stabbing was a cover-up for what perhaps was the unintended death of Robert Wone following a drug-induced bizarre scheme to tranquilize and sexually violate an acquaintance for some warped agenda to add a little ‘excitement’ in an otherwise dying relationship.

While the exact sequence of events that evening may never be known, in my mind, beyond a reasonable doubt, with the facts that ARE known, the defendants, beyond a reasonable doubt, are guilty of conspiracy and obstruction of justice.

And while they may get long sentences, likely they will have the opportunity, at some point in the future, to leave prison and resume their lives. And that is not justice for Robert Wone.

I can only hope and pray that perhaps the defendants will come to realize that fact and find some way to pay tribute to the integrity and loyalty that Robert possessed and shared with the defendants, and do the right thing by facing up to their mistakes, confessing all of their misdeeds and provide some form of peace and closure to Kathy Wone and Robert’s family and friends.