One day prior to meeting with D.C. Superior Court Judge Frederick Weisberg for a status hearing in the Robert Wone case, the defense team filed a motion on Thursday, Nov. 5, asking the judge to dismiss conspiracy and obstruction of justice charges against their clients, citing a lack of evidence.
In the motion, attorneys representing prominent gay attorney Joseph Price, Price's partner Victor Zaborsky, and their former roommate Dylan Ward, state that even if all of the 17 allegations for which the men have been indicted were true, including claims that they tampered with evidence, ''the government has failed to allege actionable obstruction of justice or conspiracy to obstruct justice, the defendants could not be convicted of those offenses, and thus, as a matter of law, the Indictment is insufficient and should be dismissed.''
Assistant U.S. Attorney Glenn Kirschner said during the Friday, Nov. 6, hearing that he had not seen the document yet. It was given to him in court and Weisberg has given the government until Dec. 11 to form a responses.
The defense team is also asking that Weisberg remain the judge in this case.
According to the Blog of Legal Times, Judge Lynn Leibowitz is slated to take over Weisberg's calendar in January. Weisberg said that's a decision Chief Judge Lee Satterfield needs to make.
Wone, Price's college friend, was a 32-year-old attorney who was found stabbed to death inside Price's Swann Street home on Aug. 2, 2006, while all three defendents were inside. No one has been charged with murder in the case, and all three men claim an intruder killed Wone.
The next hearing regarding these matters is scheduled for Dec. 11. Trial is set to begin May 10, 2010.