Detective Waid’s Deposition

The consent motion for former DC Detective Bryan Waid to be deposed in Florida for the Wone civil case, was ordered by Judge Michael Ranking this week.

Waid led the early  investigation and was on the scene at 1509 Swann Street on the night of Robert’s murder, and also managed a good portion of that evening’s interviews/interrogations of the defendants at Anacostia’s Violent Crimes Branch.  He testified on Day 11, Day 12 and Day 16 of the summer conspiracy and obstruction trial.

From an earlier post, when the motion was filed nearly a month ago:
“…MPD Detective Bryan Waid was the most sympathetic of the questioners on the morning of August 3rd.  He allowed long period of silences between his questions to Joe Price; allowing Price to give his unvarnished version of events from the previous evening.

He was not accusatory, the way Detective “Come-to-Jesus” Wagner was, nor was he disbelieving the way Detective Norris was.  Detective Waid went the good guy route;  seeking to get the full version of events according to Price.”

On the stand at the criminal trial, Detective Waid was the same calm, reassuring presence, but it was his testimony that was devastating.”
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Plaintiffs Release their List of Expert Witnesses
Both sides are still meeting their Court imposed deadlines as the long march to the October 17 trial date continues.
Hitting the DC Superior Court Clerk’s office last week was the Plaintiff’s Rule 26(B)(4) Statement. These are the expert witnesses that Covington and Patrick Regan intend to call upon for testimony this fall.

Two of the five names listed are familiar; both testified at last summer’s conspiracy and obstruction trial: Dr. Lance Becker, Director, Center for Resuscitation Science Hospital of the University of Pennsylvania, andDr.  David R. Fowler, Chief Medical Examiner of the State of Maryland.

On the last day of the trial, Becker  testified on PEA, Pulseless Electrical Activity, an indicator post-trauma heart rhythms and an indicator of whether resuscitative efforts that may be employed.

Fowler testified on Day 16 and Day 17 of the trial and his opinions that, “The orientation of the (Robert’s) wounds immediately catches your eye.  It’s very unusual for an individual to stay still enough”, and that neither Robert’s open cardiac tamponade – nor the three wounds in conjunction – would have incapacitated him immediately; and the “remarkable” similarity of the knife wounds. 

What do to the Plaintiff’s have in mind for him and Becker this time around?  And who are the three new faces?

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DC Attorney General answers defendants call for MPD records…and calls them cheap

Early in the new year, Joe Price et al served the MPD with a subpoena requesting all the documents in their possession relating to their investigation into the murder of Robert Wone., including detective’s notes and correspondence with Kathy Wone regarding the autopsy.  Now, the DC Attorney Generals’ office has answered their request with their own Motion to Quash.

The government contends that protecting law enforcement’s privilege, which includes protecting the confidentiality of sources, law enforcement strategies and accumulated evidence, outweighs civil discovery interests. They claim it could have chilling effect on witnesses, and would have a negative impact by disclosing identities of people who have given information. 

The DC Attorney General bases his arguments in what looks to be the case the the Superior Court that directly applies on this matter, Kay v. Pick, of which, the AG notes that the defendant does not even address any of those factors in his Notice of Deposition Due Tecum.

Then the AG spells out why this privlege is so vital to this particluar case.

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Defendants Provide Answers to Plaintiff’s Amended Complaint

On September 29, Covington’s Ben Razi entered a Consent Motion for Leave to Amend Complaint.

In lieu of answering many of the specific allegations of the Complaint in these February 24 filings, defendants Price, Ward and Zaborsky once again fall back on 5th Amendment privilege against self-incrimination. 

Collectively, the three admit to only a handful of points:

1. Katherine Wone is the Personal Representative of the Estate of Robert Wone (but none have “sufficient information to admit or deny whether Katherine Wone is a citizen and resident of Virginia…)”

2. “Robert Wone was a resident and citizen of Virginia, a lawyer… and worked as the general Counsel for Radio Free Asia…”

3. All three admit that Price and Zaborsky “are domestic partners…”

From there, the three documets provide a couple of small headlines.

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Is Razi Ramping Up Evidence on Defendants’ Sexual Histories? 

Hitting the Superior Court clerk’s office on the same day as the Defense Preliminary List of Fact Witnesses for the October Robert Wone wrongful death case, was the companion filing from the Plaintiff. Submitted by Katherine Wone’s lead counsel, Covington’s Ben Razi, the list runs 36 names. 

Like the defense list, Razi’s includes quite a few of the investigators and principals from the obstruction and conspiracy case. 

From the MPD: Detectives Alemain, Kasul, Lancaster, Lewis, Russell-Brown, Waid, Wagner and Wagner.  Familiar names from the summer trial also include DC Deputy Medical Examiner Dr. Lois Goslinoski, GW Hospital ER Nurse Leah Lujan, EMTs Weaver and Baker, former roommate of the defendants Sarah Morgan and two of Robert’s close friends, Tara Ragone and Jason Torchinsky

All three defendants are listed as well as Katherine Wone and Bill and Aimee Won, Robert’s parents. 

There are two other names in this alphabetical list that may indictate how Covington and co-counsel Patrick Regan expect to conduct this case – and that may be by putting the sexual histories of one or more of the defendants squarely in front of the jury.

Although considered tame in some circles, the links and pics that follow are possibly NSFW. 

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Blowing Smoke?

On February 14, opposing counsel in the Wone civil case exchanged Valentines.  Well, not really, let’s call them salvos.  Meeting the designated Court deadline to exchange Lists of Fact Witness, both sides filed their paper on Monday.  Today – the three near-identical lists submitted by the defense for Price, Ward and Zaborsky; next week we’ll publish the plaintiff list.

The seven page defense lists are chock full of names familiar to any case watcher; many of the investigators and other witnesses from the summer conspiracy and obstruction trial.  MPD Detectives Norris, Whalen, Xanten, Brown, Kasul, Wagner and Waid among others.

Some new names surface too: Robert’s brother Andrew, several friends (we think) of the defendants, mother to the Price and Zaborsky kids, Kim Musheno, other Swann Street residents, contractors, a bunch of attorneys including lead plaintiff counsel and former colleague of Robert’s at Covington, Ben Razi, and lastly, a bold face name, former Cov rainmaker and current Attorney General, Eric Holder.  No kidding.

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Spagnoletti Responds to Razi on 5th Amendment

Two weeks ago, the Plaintiffs filed their Motion to Compel Deposition Testimony. 

Covington was not getting the answers they wanted from defendants Price, Ward and Zaborsky.  In fact, they weren’t getting any answers they argue, to even the most seemingly innocuous depo questions.

Ben Razi argued that the defendants were unnecessarily hiding behind 5th Amendment claims, and that, according to their filing, “At this late stage, Defendants face no reasonable prospect of criminal prosecution.” 

Not so says Schertler-Onorato’s Robert Spagnoletti, in which he reprises his role managing the constitutional issues, much like he did during the criminal proceedings.

In a 105 page Memorandum of Points and Authorities in Support of Defendants’ Opposition to Plaintiff’s Motion to Compel, he states very bluntly that the possibility of his clients being charged with criminal counts related to Robert Wone’s murder, “…is an ever-present and real threat.”  

He goes on to illustrate why he feels the Plaintiff, “…fails to appreciate how deposition testimony could be used against the Defendants in a subsequent case.”   Further criminal charges may  include “homicide.”

And buried deep inside the text are a few headlines:  The Government was trying to cut a deal with one of the defendants “..in the days following the conclusion of the criminal trial,” hoping that he’d flip on his (former?) housemates/roommates/lovers/whatevers.

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