New Bits – And Old Hits – In The Prosecution’s Playlist
More paper filed in advance of this Friday’s status hearing means more late night reading. On the nightstand currently:
“Reply In Support Of Defendants’ Motion In Limine To Exclude Argument, Testimony And Evidence Regarding Sexual Assault”,
“Government’s Notice of Intent To Use Statements”, and
“Government’s Omnibus Opposition...
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Zaborsky Withdraws Motion to Suppress
An interesting consent motion ran across the clerk’s desk late Friday afternoon, but because the District of Columbia was celebrating Emancipation Day the Courthouse was closed. And perhaps ironically, this filing may be evidence of Victor Zaborsky trying to free himself.
It appears that Zaborsky’s counsel Thomas Connolly, or a lower...
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Kirschner Pulls A Couple Rabbits Out Of His Hat
With the May trial looming just weeks away, we’re trying to stay current with the latest motions and filings. Not always easy given the challenges posed by DC’s stone age system of court document storage and distribution.
Hitting the clerk’s office last week was the government’s slim...
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Closing Night for Severance?
Early into last Friday’s status hearing we learned of a letter that Joe Price counsel Bernie Grimm had sent (also on behalf of his three defense team colleagues) to Judge Lynn Leibovitz.
Long described as one of the “great courtroom showmen,” DC’s very own George M. Cohan fired off this one-page letter on...
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Someone’s Clearly Not On The Same Page
Whatever else can be said, this week’s motions have clarified one question…and raised multiple new ones.
First, the question answered: how would the defense counter the prosecution’s filing of “Uncharged Conduct 1″?
The government’s blueprint was assertive and the case brought by AUSA Glenn Kirschner and his deputy Patrick Martin...
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Were 4th, 5th & 6th Amendment Rights Violated? >Update @ end<
In a busy week of motions and filings these two stand out.
Ernesto Miranda
If, as the defense contends, Ward and Zaborsky were not properly ‘Mirandized” on the night of Robert’s murder, anything gleaned from their marathon interrogations must be ruled inadmissible.
In separate Motions to Suppress, Ward and Zaborsky claim they were...
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Friday’s Hearing – And Behavior – Raises A New Theory
The more time passes from Friday’s status hearing, the more serious questions arise. We love hearings like that, and will have much to say over the next few weeks.
As always, there were small details of the day that could easily be over-looked. Mere dots on...
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What Sept. 11th’s Transcript Foretells of Nov. 6th’s Hearing
At 54 pages, the transcript of September 11th’s status hearing may seem a dry read. “53 pages too much of legal jaw-boning…” perhaps. But text is important. Text is memory made real. And like a great dramatic work, while drained of its live human electricity, the...
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Joe & Victor hire a friend; Dylan goes from zero to 60 in seconds
For more than two years after the murder of Robert Wone, not a single charge was filed in the case. Many believe one of the reasons was how quickly the three Swann Street housemates hired legal counsel.
While the defendants have claimed they answered...
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And A Full Dance Card
It’s hard to say enough about the high caliber defense teams working on behalf of the Swann Street roommates. Of the four attorneys, two stand out from their years as Assistant US Attorney’s in DC: Thomas Connolly and David Schertler.
Connolly was best known for the dogged prosecution of James Nicholson,...
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On August 2nd, 2006, Washington attorney Robert E. Wone was murdered at 1509 Swann Street. Over two years passed before any criminal charges were filed - and then only conspiracy, obstruction of justice and crime scene tampering charges were brought against the Swann Street housemates, all present in the home on the night of the murder: Joe Price, Dylan Ward and Victor Zaborsky.
On May 17, 2010, a DC Superior Court trial got underway and all three defendants were all acquitted in that bench trial on those pending charges.
Nearly four years later, very little seems clear about what happened that night and who murdered Robert Wone. A cloud of suspicion remains over the Swann Street defendants who have denied any involvement in the murder of their friend or in the alleged cover up.
Judge Lynn Leibovitz found a moral certainty in their collective guilt, but not evidentiary certainty. Civil proceedings in a wrongful death suit filed by Robert's family is the next chapter in this tragic story.
We continue to work together seeking answers to the mystery of Robert Wone's murder and in finding justice for his memory and legacy.
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