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IN THE SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CRIMINAL DIVISION UNITED STATES, v Criminal No, 08-CF1-26996 DYLAN M. WARD, Criminal No. 08-CF1-27068 JOSEPH R. PRICE, Criminal No, 08-CF1-26997 and VICTOR J. ZABORSKY, Judge Frederick H. Weisberg Status Date: April 27, 2009 Defendants. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ‘DYLAN WARD’S MOTION FOR A BILL OF PARTICULARS, Dylan Ward (“Ward”), by and through his undersigned counsel, respectfully submits the following memorandum of points and authorities in support of his motion for a bill of particulars. BACKGROUND ‘On August 2, 2006, Robert Wone (“Wone”), Joseph Price’s (“Price”) friend of more than fifteen years, made arrangements to spend the night of August 2, 2006 at Mr. Price’s and Mr. Zaborksy’s home at 1509 Swann Street. See Affidavit In Support Of An Arrest Warrant for Ward, dated Oct. 27, 2008. (hereinafter “Aff.”) at 7. Wone, who served as General Counsel for Radio Free Asia at 2025 M Street, N.W., planned to visit with the radio station's night crew and asked to spend the night at Mr. Price and Mr. Ward’s home rather than commute to Oakton, Virginia where Wone resided with his wife Kathy Wone. Id. Wone arrived at 1509 Swann Street at approximately 10:30 p.m. Id, at 8. At 11:49 p.m., ‘Mr. Zaborsky called 9-1-1 and reported that Wone had been stabbed and said that they needed “police and ambulance” immediately. Jd. at 1. Paramedics arrived on the scene approximately five minutes and forty seconds into the 9- 1-1 call. fd. Metropolitan Police Department (“MPD”) Officers arrived on the scene at about the same time and shortly thereafter took Price, Victor Zaborsky (“Zaborsky”) and Ward into ‘custody, transporting them separately to the MPD’s Violent Crimes Branch in Anacostia. Mr. ‘Ward was interviewed independently, without counsel, for many hours, Defendants were released by MPD on August 3, 2006, Mr. Ward categorically and adamantly denied - as he does to this day - any involvement with Wone’s death, After an autopsy, the District of Columbia Office of the Chief Medical Examiner determined that Wone died as a result of stab wounds to his torso. ‘The deputy medical examiner ruled Wone’s death a homicide. Id. at 6. Despite an absolute lack of evidence or motive, MPD quickly—and very publicly— alleged that the Defendants must have been involved in Wone’s death, as reflected in some of the public statements made by the police immediately following Wone’s death: ‘+ “As of press time, police had yet to bring charges in the case, and investigators maintain that witness accounts from that night don’t add up. ‘Some of the information we were told, I just don’t believe."” [MPD Capt. C.V.] Mortis said at a televised press interview Aug, 3.” Legal Times 1, 10 (Aug. 14, 2006). * “Law enforcement sources tell 9 News Now it’s becoming increasingly clear the murder of Robert Wone involves a criminal conspiracy. Multiple sources say, at the very least, the attempted clean-up; if not the act of murder itself, involves more than ‘one person.” 9 News Now (Aug. 17, 2006). In the months and years following Wone’s death, MPD continued to publicly express its belief that Defendants were involved in some inexplicable fashion with Wone’s death: * “In an [August 4, 2006] affidavit used to get one of the warrants, Detective William ‘Xanten cast doubt on the idea that an intruder killed Wone, writing: ‘There was nothing that appeared out of place, nothing disturbed, nothing ransacked and nothing ‘was taken.” Police technicians, using chemicals and artificial light, had determined that the crime scene was ‘tampered’ with, the detective wrote.” Washington Post BI (Oct. 9, 2006). ‘© “Price and Ward are well-known activists in Washington's gay community. Police say they have been anything but cooperative since shortly after the murder. Capt. CV. Mortis, head of the police department's violent crime unit, said the roommates “lawyered up’ three days into the investigation, He questions their story that a burglar sneaked into the Swann Street town house, grabbed a butcher knife from the kitchen, went back upstairs and stabbed Wone three times before fleeing. Police say they found no signs of forced entry, and nothing was out of place or missing. Morris said he was frustrated by their silence. “They need to talk,” Morris said. ‘If we can get the information we need from them, we could wrap this up.”” Washington Examiner (Aug. 1, 2007). Shortly after Mr. Ward was interviewed by the police and told that he was a suspect in the criminal investigation, he retained counsel. During the past two years, counsel for Mr. Ward has been in regular contact with each of the three Assistant United States Attomeys handling the investigation into Robert Wone’s death, On October 27, 2008, over two years after Robert Wone’s death, the government finally indicted the Defendants—loseph Price, Victor Zaborsky and Dylan Ward—in a one count indictment that generically charged all three Defendants with obstructing justice in violation of 22 D.C. Code 722(a\(6). See October 27, 2008 Indictment. On January 15, 2009, the government superceded the original indictment, edding—again jointly —charges against all three Defendants for conspiracy to obstruct justice in violation of 22 D.C. Code 722 and evidence tampering in violation of 22 D.C. Code 723, See January 15, 2009 Indictment (hereinafter “Indictment”), The Defendants were arraigned before this Court on January 16, 2009. ‘The first count of the Indictment, the conspiracy charge, alleges that between August 2, 2006, and on or about November 21, 2008, the Defendants conspired to obstruct justice and provides alleged overt acts of the conspiracy. Indictment Count One. Strikingly, however, given that the Indictment provides limited alleged overt acts of the conspiracy, only one of the alleged overt acts occurred after August 3, 2006. Jd.' In addition, only selected alleged overt " the lone overt act cited is “[I]u or bout November, 2007, defendant Price falsely told Robert Wone’s widow,

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