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 To Defendants’ Motions In Limine.”
It’s enough to make one long for Herman Wouk.
First, the statements. Leaving the legal arguments regarding admissibility and the Confrontation Clause aside, the government leaves open the option of seeking to admit all of the videotaped statements by the defendants in their entirety. As we’ve seen, there may be some there there.
Further, Team Kirschner lays out other statements by Price, Zaborsky and Ward that “…implicate the Declarant only.” Statements like “I heard a scream” (Price to EMS workers), “…there is a black guy who lives back there.” (Price to MPD officers on scene), that the three share a “polyamorous relationship” (Ward to Det. Gail Brown), etc. Rounding out the hit parade are statements made by Zaborsky and Ward to the Grand Jury regarding Michael Price’s burglary of 1509 Swann Street.
Next is Price’s (through his counsel Bernie Grimm) letter regarding exclusion of evidence. The letter knocks FBI tests that “…determined that all of the so-called “semen” was that of Mr. Wone…” (emphasis theirs), lectures on the difference between semen and seminal fluid, and runs down the qualifications of Dr. Goslinoski…punctuating each of the arguments with the repeated assertion that “…there is no evidence that Mr. Wone was sexually assaulted.” (emphasis theirs.) The assertive language (and aggressive use of bold and italic) are pure Grimm, and reads as if he has the upper hand.
- Xylene: The Paralytic Needle in a Haystack?
And of course, he may. It was just in March at another status hearing that AUSA Glenn Kirschner admitted the government’s “…theory is evolving…” on sexual assault, further noting “…I don’t know that we’re actually going to get to the paralytic phase, to be honest.”
Not exactly a declarative statement moving assault and paralytics off the table, but certainly suggesting their location somewhere near the back.
So can the prosecution bring a strong case without assault and paralytics?
A confident yes is the government’s reply in the “Omnibus Response to Defendants’ Motions In Limine.” Did they find a paralytic agent in testing?
A deeper articulation of their evolving theory than we’ve seen before, the document lays out a roadmap of sorts to what sort of case prosecutors will bring.
Some of this we’ve known before. Robert Spaulding will testify
“…the room and home in which Mr. Wone was found exhibited none of the forensic evidence characteristically present at violent, multiple stab-wound scenes…”,
Doug Deedrick will testify
“…that the blood pattern found on the knife recovered on the scene is more consistent with someone having taking (sic) the bloody towel and swiped it across the knife…”
and Lois Goslinoski will lay out “powerful” testimony that includes the assertion
“…Mr. Wone was not able to move (i.e., he was incapacitated) at the time he was stabbed.”
But there are some new bits as well. Taking to heart Thomas Connolly’s bold prescription to “…test away…” FBI toxicology Roman Karas on April 14 of this year detected the presence of xylenes in the remaining 3 cc sample of Robert’s blood. Essentially a family of chemical solvents, xylenes can also be inhaled, producing disorientation, euphoria, unconsciousness and a loss of motor skills.
Whether Judge Lynn Leibovitz allows this blood test results in as evidence is anyone’s guess. Did the government produce the findings in time for the defense to properly respond? Karas continues to test on quantifying the amount of xylene present in the sample. We should expect a follow up defense motion in limine to exclude these tests. Team Swann no doubt heard Leibovitz warning Kirschner at the March status hearing:
“It’s now exactly two months to trial. Additional test results may or may not come in. The question’s going to be: what’s fair to the defense.”
Lastly, and perhaps most critically, the government lays out in unusually clear language their argument that:
“…the defendants (1) would, based on their unique relationship, delay the report of a crime to protect the true perpetrator of the crime where it was someone well-known to them, and (2) in fact, did so under similar circumstances in delaying their report to the police of Michael Price’s burglary of 1509 Swann Street…”
They back this up in unsparing tones, noting that Price was a “…controlling personality,” that Price and Zaborsky’s relationship “…primarily served to fulfill defendant Price’s need for an emotionally-stable relationship…and the other served to fulfill defendant Price’s need for a sexually-satisfying relations (Price and Ward),” and finally:
“despite the obvious complexity and resulting tensions existing in this three-person relationship, defendant Price, as the common and dominant personality among the three men, nonetheless managed to maintain the relationship and keep it intact.”
So. A family kept together by the force of one personality. A man found murdered in the house. Signs of incapacitation. Evidence of substantial crime scene tampering. And a family history of delaying contact with the police to protect brother Michael.
The government’s hit list is starting to take shape.
–posted by Doug
Very interesting tidbit about the xylene. Here are some more interesting tidbits.
Xylene is used in conjunction with ketamine in the veterinary field for anesthesization.
From Saunders Comprehensive Veterinary Dictionary, zylene is “narcotic if inhaled inhaled in high concentration.”
Perhaps, the evidence of suffocation was a result of Robert being forced to inhale something containing zylene.
Food for thought.
CD: Xylene or Xylazine? The latter is found in many vets’ offices.
Xylene.
Actually, I mispoke….it’s used in conjuction with animal anesthezation in research.
Here’s some even more interesting. Xylene is used in the manufacture of MDMA/Ecstacy.
MDMA is also injectible.
Arghh….”Actually, I mispoke….it’s used in conjuction with ketamine for anesthezation in animal research.”
Now it’s right. LOL Sorry.
according to my buddy google, 2-4:1 ketamine/xylene blends are commonly used in research settings as an injectable anaesthetic for mice. I didn’t see any other injectable uses of xylene, human or animal, legal or otherwise.
Ketamine/xylene blends don’t seem to be used other veterinary settings.
Is there anybody connected with this case who turns up in research lab setting?
Didn’t the police find an ecstacy pill in the search of 1509?
Yes, and I am almost positive that the combination of Lunesta/Lexapro would definitely lead someone to sleepwalk with mortar and pestle in hand, grind up a hit of ecstacy, add the appropriate amount of water, fill up a syringe and strategically inject it into an unsuspecting houseguest. That Double L combo does it every time! 😉
And, FCH, I thought that the Double L was just a leatherella bar in Rehoboth Beach, Delaware: who knew!
Yes
Xylene is a solvent, so only trace amounts (if any) are going to make it into the finished ecstasy, and only as an unintended adulterant.
Let me weigh in here…xylazine AKA Rompun is a sedative anesthetic used in combination with ketamine in both large and small animal veterinary medicine as well as primate research…Xylene is a solvent and to the best of my knowledge is not used for sedation or anesthesia with or without other drugs…
Hi Corgivet,
Here’s an article from nature.com regarding the use of xylene/ketamine for anesthetizing laboratory mice.
From the below article: “Adult MPS VII mice (6–8 weeks old) were anesthetized with ketamine/xylene (ketamine 100 125 mg/kg, xylene 10–12.5 mg/kg).”
Here’s the article:
http://www.nature.com/mt/journal/v15/n2/full/6300016a.html
There are many more articles.
Perhaps in the veterinary medical world, it’s not a normal practice. However, it looks like it’s used frequently in the research world.
More about it being found in path labs. And it can be an anesthetic and even lead to death if inhaled in certain volume:
“ABSTRACT:When pure, xylene is a clear, colorless liquid. It burns readily. It�s synonyms are dimethyl benzene, methyl toluene, violet 3 and xylol. Xylene is obtained from crude petroleum and is used widely in many products such as paints, glues, pesticides as well as in pathology laboratories.It is absorbed by inhalation, dermally, or through the gastrointestinal tract. It�s metabolism occurs in liver by P-450 isozyme. Breathing small amounts of the xylene, that is absorbed predominantly by inhalation, can cause headache, dizziness, nausea, fatigue and ocular irritation. With more serious exposure, xylene can cause sleepiness, irregular heartbeat, fainting and even death. Dermal absorbtion of xylene doesn�t cause systemic disease. Oral absorbtion of the liquid xylene causes local irritation of mukous membranes.
At high doses (>5000 ppm), it is anesthetic. Air xylene concentrations higher than 10000 ppm can result in unconsciousness and death. Death is caused by respiration failure and collapse.There is not any antidote for xylene; but it�s effects can be treated.”
From a forensics medicine site, albeit a Turkish study. http://www.medicine.ankara.edu.tr/internal_medical/forensic_medicine/tok4.html
I posted earlier that I wonder if Joe has been known to huff.
I saw that CD and just don’t know (don’t know if anyone else knows). I defer to FCH on this but I thought that huffing was generally associated with people of very low socioeconomic situation and primary teens.
Don’t forget that Michael Price is of a lower socioeconomic situation and some might argue an emotional teen. With access to xylene. Could he have brought some over like a gift to the big Bro King? “It’s like medical grade poppers, Joe!”
Regardng the huffing, I’ve not seen many gay men huff anything, per se, but they do do a lot of poppers, or rush, or amyl nitrate.
I’m not real knowledgable about what is in GHB, butI thought it was basically floor stripper mixed with another ingredient. Wonder if what they are finding is really traces of G?
LOL Joe has stepped out of the mold of a successful urban gay male, so I wouldn’t be surprised at anything else Joe might do. Remember, he wasn’t exactly raised with a silver spoon in his mouth. Old habits may be hard to break. ;>
Yikes! Xylene is used to manufacture the date rape drug GHB. It is not available through mail order because it is highly flammable. It is readily avabilable in medical facilities and is often used in training Phlebotomy classes (it is generally used to dilate blood vessels). Uh-oh, sounds like MPrice could be in lots of trouble. My guess is that the abandoned Lee Street “crack house” was used as a place to make the GHB. I also still think that the knife used to stab RWone was disposed of at the same house. Wasn’t there a stabbing at that same house a month after RWone was stabbed — if I remember, the defendant in that stabbing case confessed to the crime but was later found not guilty in court. Weird stuff.
Xylene also is available at Lowe’s and other hardware stores. http://www.lowes.com/pd_156583-78-GXY24_4294856830_4294937087?productId=3063729&pl=1¤tURL=/pl__4294856830_4294937087_?rpp=15$No=15$identifier=
Surely that’s not medical grade, nice Googling though.
True, AnnaZ, but whose to say the xylene Robert was exposed was medical grade. He could have been subdued with paint thinner for all we know.
But if Michael had anything to do with the xylene as Vandy suggests, it may well have been medical grade.
However, that’s a good point, AnnaZ.
And Vandy, awesome find about the phlebotomy class usage. (I read that they swab xylene on the ears of rabbits when blood is drawn for medical research….but I didn’t put two and two together to come up with the phlebotomy connection.) That’s a brilliant find.
The xylene used in clandestine drug labs almost certainly would not be medical grade.
I’ve always believed this was the answer. “G” is easy to obtain and works VERY quickly. It is still an extremely popular and dangerous recreational drug. Just a small dose makes you super horny and also super stupid. No inhibitions whatsoever. Mix it with water and you can hardly taste it, but it is super powerful.
A big dose leads to unconsciousness, and too big a dose can lead to death… all in a matter of just a few minutes… hence all the standby medical teams at circuit parties and clubs.
I believe Joe/Dylan/Michael intended to “G-out” and then rape Robert by mixing the G in his water (all of which Robert wouldn’t remember); they gave him too much, which in the course of the sexual assault killed him accidentally; then they panicked and dragged him to the shower, couldn’t revive him, and in their completely f-ed up state of mind, stabbed him and came up with the story and attempted cover-up.
TJ, I found an interesting bit about Ghb. It’s made from Gbl. “GBL is a solvent found in nail polish and floor cleaning products.” nail polish very often has xylene in it. It’s definitely a possibility that they used Ghb to subdue Robert.
“GHB, or Gamma Hydroxy Butyrate, is a central nervous system depressant. Because very small amounts of GHB are found in the human body, GHB is often billed as a “natural” supplement, or as an anabolic steroid that helps build muscle mass (this claim was never proven). In actuality, GHB is made from a substance called GBL (which, when ingested, turns into GHB in the body and has the same effects). GBL is a solvent found in nail polish and floor cleaning products. BD (1,4 butanediol) also converts to GHB in the body. It is illegal to manufacture or distribute any of these three substances for human consumption.”
CD, interesting stuff! It’s stated that it’s illegal to manufacture/distribute for human consumption but how readily available is this in pure form for non-consumption (example hardware store/DIY etc?).
I also guess it’s a bit late to hope someone searched for traces of this in the glasses used that night?
Perhaps the trouple remembered to clean that too (with all there references of having cleaned the kitchen)?
There are two problems with GHB.
1) Mr. Wone’s blood tested negative for GHB. (Since GHB is metabolized very quickly–sez google–this isn’t completely conclusive).
2) The coroner found eight needle puncture wounds on Mr. Wone’s body. This argues for an injected drug.
There remains, of course, the puzzle of what, exactly, would be needed to make Mr. Wone sit still for the first injection.
He could have been given multiple drugs. A laced drink and then injections (ketamine is my thought).
If GBL is routinely found in nail polish, I’m never having my nails done ever again. Note to self (and Ma’am) — fire my manicurist (and phlebotomist, come to think of it)!
TJ, thanks for this. I also think this is pretty much the sequence of events. The other alternative is Robert’s being overpowered in the shower.
The only thing I can’t get my head around (and I’ve posted this before) is Robert’s mouthguard.
Did the trouple in their cover-up think to this much detail? (This makes them seem less drugged)
Or was Robert attacked in the shower/bathroom? (which supports the injected/inhalation theory more than the drinking from a glass).
This may be minor details but, since the drug works so quickly, knowing what happened where, helps with finding clues and evidence.
Hey Charl,
We’ve batted the mouthguard issue around before. I think that one of the guys noticed it and put it in to make it look more authentic that an ‘intruder’ killed him while he slept. It’s possible that the defendants waited until he was in bed to attack him but I doubt it.
TJinNY,
I found this interesting:
I believe Joe/Dylan/Michael intended to “G-out” and then rape Robert by mixing the G in his water (all of which Robert wouldn’t remember); they gave him too much, which in the course of the sexual assault killed him accidentally; then they panicked and dragged him to the shower, couldn’t revive him, and in their completely f-ed up state of mind, stabbed him and came up with the story and attempted cover-up.
I hadn’t really thought about the shower angle as trying to revive him (maybe its been discussed and I’ve missed it). I’ve seen talk of him being murdered there and of the stabbing as cover-up when they thought he was dead but I find it credible that he was 1. drugged; 2. he then put in his mouth guard and went to bed; 3. hijinks start; 4. panic and into shower; 4. panic and stabbing; 5. redress and put him back to bed.
But, how long does it take the drugs to affect someone? I guess they could have put the mouth guard in him as part of the cover-up.
Agree that the mouth guard was ‘dressing’. Your sequence of events could easily work. Personally, I think there was more deliberation in the stabbing – that they “couldn’t” deal with the possibility that he might live and remember.
I have just started following this case and must admit that this whole case definitely gives me the creeps. I just cannot believe that these men are getting away with this. I just don’t see how a logical person can just ignore all the missing and incorrect details to the simplest questions?
I must admit though that I am wondering how these men could possibly think that they would get away with raping a man which is why I am thinking that maybe RW may have gotten involved in something over his head. Please understand that I mean no disrespect to his family and memory but my inclination is that even if he was drugged to not remembering the event, he would have known that something was very wrong when he woke up. Isn’t it much more likely that maybe he was experimenting then this went just tragic and this cover up occurred to “save face” if that makes any sense?
Check out this post and the comments thereto: https://whomurderedrobertwone.com/2010/02/26/consenting-adults/
Just an observation: Bernie’s use of bold italics strikes me as unprofessional and bad form. I know that I loath it when other people do that in text. It is as if they assume that I am asleep or unable to understand their meaning otherwise and I always not-so-unconsciously take umbrage when I see it.
I doubt that Judge Leibovitz will be charmed by it. Also, I almost inevitably find that writers who feel compelled to use this sort of off-label emphasis in formal writing do so when they are not writing from a position of strength in the first place, and they know it. It’s like shouting, at least he didn’t resort to all caps.
Yes, insinuating that a judge is too stupid to comprehend a document is always the best way to gain favor.
I wonder if Joe dabbled in huffing.
•Aromatic hydrocarbons, such as toluene and xylene, are the most commonly used inhalants of abuse. This is because they cause an intense euphoric rush when inhaled. They are found in markers, adhesive cements, model glues, paint thinners, and spray paints, with the highest concentration found in gold and silver spray paint.
The government’s brief shows that the cumulative effect of all of this evidence is devastating for the defendants. Any single piece of evidence might be explained away, but the total collection of facts is so utterly damaging as to make it virtually impossible to imagine how the defendants could be acquited at trail. If even half of this stuff is allowed in, they are toast.
I can’t imagine the Judge not allowing the xylene evidence. That would be like not allowing the stab wounds into evidence.
disagree. very hard case to prosecute successfully. i predict acquittal.
Not so fast. It may have been hard to gather all of those facts during the investigation, but it won’t be hard to prosecute now that the facts are assembled. At trial the prosecutor just needs to call the various witnesses identified in its brief (W1, W2, experts) and have them tell their story. Nothing is easier. Case closed.
Agree with you. The defendants are likely kidding themselves thinking each little issue standing alone may not be sufficient and/or is ‘explainable’ but all the prosecution needs to do is hammer the important 5 points and the jury will come back with a guilty verdict before dinnertime.
I agree with you to Biggs and I am pretty sure that Connolly does too. If not he’s fool. I am also pretty sure that he’s counseled Ma’am to speak up now while the speaking is good. We’ll see if he’s listening.
Yikes. One can forget how strong the prosecution’s case is until it is read in its entirety. The smeared knife, the lack of blood on the blade, the lack of blood found at the scene (especially on Robert’s hands), the lack of t-shirt fibers on the knife, the odd behavior of the defendants, the xyelene, the cold and pale body and the contradictory statements by Joe (“he moaned in pain”, “blood everywhere”) will sink the defense.
Hopefully one of the defendants will eventually come forward with the truth after a few years in the slammer.
Long time reader, 1st time poster.
While xylene is used in the final few chemical reactions to make pure MDMA it should be totally evaporated out in the last stages of production.
On the topic of inhalants, isobutyl-nitrite or amynal nitrite poppers are highly effective stimulants. They are sold on the world market in small glass vials that range in size from 9ml to 30ml. Vice Magazine did a “taste test” on a bunch of poppers that were all purchased legally in NYC sex shops in 2008 and the results make for some interesting reading in context of many of the details of the Wone murder.
“You see Rush in every 24-hour bodega. It’s the most well-known brand and it’s pretty standard fare. The effects of sniffing it go away really quick, like 15 seconds at the most, which is average unless you’re already drunk or on other drugs too and then it seems to last longer. You sniff it, it gives you a head rush and your face flushes and you laugh and that’s it. However, if you use it in a sexual setting, it’s totally different because you’re not laughing. Your b*tth*l* opens right up [popping noise]. It’s easy access, and it’s less work for you. It’s a shortcut to the *ss.”
Link: http://www.viceland.com/int/v15n3/htdocs/poppers.php
Agonetes, I tried to make a xylene/poppers connection but could find no documentation indicating that thre are any “poppers” on the market that contain xylene. There are all nitrate based products.
Xyclene is used to extract alkyl nitrites.
As much as I’d love to agree with the poppers idea, I can’t find anything to back up what you just said Agonestes. I’m in the IP field and ran it by someone in my department. Patents. Chemical. Can you direct me to where you got your info? Educate me.
Poppers! How Seventies! Mr. Price strikes me, though, as a thrillseeker of the present rather than of the past, and, hence, his possible pursuit of the latest designer/club drug. And, that would not be poppers from a dirty book store with a quarter-driven arcade.
On page 5 of the Government’s motion, it states that the paramedic believed Robert had been dead from some time, because he lacked any vital signs, and his body was cool and clammy to the touch. Have we heard before the ‘cool and clammy’ aspect? I recall reading previously the lack of vital signs as an indicator, but I don’t remember the paramedic describing the body as cold. Isn’t this important? Our forensics expert Mr. Google seems to indicate that the body loses about .75 to 1.5 degrees each hour after death. Even if Robert was killed the moment he walked in the door, would his body be cool to the touch? Does this indicate the cooling was accelerated by an outside force (i.e. body exposed to water/shower)?
That’s really interesting, Jeff.
Here’s a quote from Mr. Google: “The rate of this heat loss is approximately 1.5 degrees per hour until the environmental temperature is attained, then it remains stable. ”
So, if he was literally “cool” that may very well indicate a rinse in cold water because the room was supposedly warmish. Joe and Dylan described the guest room as being warm because the air conditioning wasn’t working properly (I think that was the reason). And “clammy”? Hmm….that would sound like he was damp feeling. Another indication that he may have been in water.
I’m a big believer of Robert being stabbed in the shower. This would support that. Not to mention the lack of blood on his body and the striation marks as if he were wiped off.
Wait … what “striation marks as if he were wiped off.” How did I miss that? I thought the wipe marks were on the (substituted) knife?
Ward arrest affidavit, 5 lines from the bottom of page 2: “More specifically, W-1 saw a very light film of blood with striation marks as if someone had taken a towel and wiped it down Mr. Wone’s chest.”
I really wish they provided direct quotes from the paramedics instead of paraphrases, as it really makes a difference.
Also in the new motion, which I don’t remember seeing previously (not as sure about this) was on the bottom of page 8, that “[A]n absence of any blood along the cutting edge of the knife blade..”
Thanks, wow I did not have that straight in my mind at all.
Wiped bloody towel down Robert’s chest and wiped blood on the knife. Yeah, that’s a typical intruder thing to do.
I didn’t remember it correctly either. And I just saw that the first line on page 5 of the affidavit mentions the absence of blood along the cutting edge of the knife blade, so I was wrong about it not being stated previously.
According to autopsy reference in the complaint,
coroner tested for GBH without success.
For what it’s worth, this is some information I obtained from date rape drug site.
GBH is an odorless, colorless liquid which looks like water and may be used as an anaesthetic. Effects include euphoria, amnesia, intoxication, drowsiness, hallucination, severe respiratory depression, unconsciousness and coma. It takes effect 10-15 minutes after ingestion and may last up to 3-6 hours without alcohol and 36-72 hours with alcohol. In high doses it may cause coma within 5 minutes.
Ketamine when diluted looks like cloudy water. It may be used as depressant anaesthetic. Effects include hallucinations, ataxia, mild respiratory depression, dissassociation, altered body image, delayed reaction time, amnesia, and coma. If ingested orally or nasally effects may be realized in 10-20 minutes. Effects will last 3 hours and may be detected up to 48 hours later depending on method of ingestion. When taken intravenously, it may cause coma instantly.