Judge Rules Not Guilty in Robert Wone Murder Mystery

July 1, 2010

 

Yesterday Judge Lynn Leibovitz ruled that Victor Zaborsky, Dylan Ward, and Joseph Price were not guilty on all charges over evidence tampering, obstruction of justice, and conspiracy (it was not a court case charging murder). This is another trial by judge, rather than by jury, that ended disappointingly for murdered Asian Americans. Almost 30 years ago Judge Charles Kaufman let Vincent Chin's murderers (Michael Nitz and Ronald Ebens) go with a $3000 fine. Somewhere right now Vincent Chin is rolling in his grave.

The case and events are extremely complicated, but here is a quick recap:

- Prominent lawyer Robert Wone, President-elect of the Asian Pacific American Bar Association, as well as general counsel for the Organization of Chinese Americans and for Radio Free Asia, was murdered in 2006 while visiting the home of a "friend". No charges were filed until 2008, and the charges were only for evidence tampering and obstruction of justice, not any charges of murder. Yesterday, all three defendants were cleared of these charges.

- From the 2008 police report and warrant used to charge the defendants, "the evidence demonstrates that Robert Wone was restrained, incapacitated, sexually assaulted and murdered." The report also suggested a significant time gap between the 9-11 call and Wone's death. The defendants claimed that an unknown intruder came in while all three were home, killed Wone in his bed, and fled.

- Wone was found on his guest bed (arms neatly folded) with 3 large chest knife wounds, and a bloody kitchen knife on a nearby table. Paramedics who initially arrived reported the body appeared to have been recently washed and wiped. There was almost no blood on the body, and all three defendants were found having just freshly showered (and extremely indifferent to officers). Paramedics arrived within 5 minutes of the 9-11 call and reported the dead body cold.

- There was little blood on Robert Wone's bed itself, despite the 3 huge chest knife wounds. There were no signs of forced entry on the property, and no signs of disarray within the property. Nothing was stolen. Despite signs of recent cleaning, police still found trace signs of blood on walls, the floor, a sofa, and door frames, but ultimately botched the analysis for court use. Investigators reported that massive amounts of Wone's blood were unaccounted for.

- A white towel near Wone's body, which the defendants claimed was used to put pressure on Wone's wounds per 9-11 dispatcher instructions, had little blood on it. There were no signs on Wone's body of any defensive struggle, suggesting Wone was drugged or incapacitated somehow. Later analysis discovered 7 needle pricks (possible injection sites) all over his body.

- The needle pricks are interesting, as one of the defendants happens to be an acupuncturist/masseuse. As a side note, one of the other defendants also happens to be a lawyer.

- The biggest flag: the bloody knife found in the crime scene did not match the chest wound cuts. However, a knife missing from one of the defendant's home cutlery sets, was found to be a match for the cuts created on Wone's body. The cutting edge of the bloody knife also did not match the cotton fibers of Wone's shirt. Investigators reported the cuts themselves were very clean and deep, and suggested precise incisions made upon a motionless body. Despite testimony and video interrogation that the knife was physically removed from Wone's body by a defendant, the judge's statement said there was no evidence that the defendants touched the knife.

- An odd fact of the case was Wone's semen was found in his own rectum. After police investigated Wone's past, his body, and people who knew him, they determined he was definitely sexually straight, and was sexually assaulted while incapacitated. One extremely interesting fact is one of the defendants was found to possess several sadomasochist tools in his room, books on electro-torture and sex slave manuals, as well as an electrocution unit which can produce forced ejaculation of an incapacitated person. This defendant also had a history of narcotics use and a history of trips to Thailand and other Asian countries.This verdict is eyebrow-raising. The defendants weren't charged for murder, but for evidence tampering, and still got off not guilty. Part of the judge's statement was she had to let all go, in the small chance that one was innocent. In her mind, there was still doubt that evidence tampering had occurred. Now off the hook, I'm sure the defendants will now earnestly look for the alleged killer of their "friend". Decades ago Vincent Chin's mother left America in disgust over what she perceived to be an unjust justice system, asking "What kind of law is this? What kind of justice?" For some observers of Robert Wone's case, Lily Chin's questions still echo today.

Somewhere Vincent Chin is rolling in his grave. Here we go again - another Asian American murdered and everyone gets away.  
Judge Charles Kaufman charge Chin's murderers with a $3000 fine. Michael Nitz. Ronald Ebens
Lesson: when you murder an Asian, always choose a judge rather than jury, you'll get FREED.
Judge Lynn Leibovitz. Victor Zaborsky. Dylan Ward. Joseph Price
murdered in 2006, 2006 obstruction charges in 2008, not guilty in 2010.
opted for trial by judge.
president-elect of asian american bar association, actively involved in dozens of different organizations.
affidavit made public Oct. 31 lays out their theory of what happened.
Page 12: "The evidence demonstrates that Robert Wone was restrained, incapacitated, sexually assaulted and murdered."
evidence of being drugged, 3 chest knife wounds, 7 needle pricks
just so happens one of the defendants is an expert attorney, another is an acupuncurist/masseuse.
no signs of defensive struggle. body found lying on bed with arms neatly folded. the bed itself had no blood on it somehow. 3 housemates all calm and collected when police arrived.
no signs of forced entry, no disarray in the house.
all 3 housemates found freshly showered. dead body found like it had been completely washed/wiped.
claimed they used a towel to put pressure on wounds, yet the towel had little blood on it.
despite cleaning and tampering of crime scene, trace blood evidence found on walls, floors, sofa, and door frame. 
pools of blood mopped up. a knife with blood near the crime scene, found to be deliberately placed and didn't match the wound cuts.
electro-ejaculation than frankly this counsel ever knew," he said. "And there was, indeed, an electrocution unit in Mr. Ward's bedroom that can produce electric ejaculation of a person who is under anesthetic or otherwise incapacitated."
the supposed path of the intruder, had cobwebs and dust blocking the paths.
bleach found.  house with sadistic sex toys.  narcotics.
missing knife from a home cutlery set found to match body's wounds.
9-11 call 50 minutes after discovering body.
a coincidental robbery prevented police from collecting evidence.
why hasn't this been in media? it took 2 years just to press charges, and not for murder, but obstruction of jus
Contributor: 

Alvin Lin

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Alvin Lin was born in Taipei, Taiwan and hails from New England. He blogs about Asian American pop culture, film, music, literature and politics, as well as relevant news around the world. He also writes for Imprint Talk. Alvin has degrees from Cornell and MIT.

Comments

Comments

Thanks to the editor who have just recently added the "Add new commnet" at the end of this story. As the Civil Trial is set for 9 a.m. on October 17, 2011, we want to spend few minutes of our times to keep readers on the West Coast update as new filings are currently still "active." See you again soon, Dupont Circle Washington DC
You can read most (not all) "public legal transcripts" about this case from this link. It includes the "most recent filing" by both Plaintiff and Defendant(s) to the Court. http://www.scribd.com/DcSleuth/shelf Your comments are welcome! Marc Dupont Circle Washington DC
Latest Motion on this case filed on 4/1/2011 (transcript is not yet available for public) was "Metropolitan Police Department's Motion to Quash for the Limited Purpose of Asserting the Law Enforcement Privilege During Former Detective Bryan Waid's Deposition as to Subject Matter Not Previously Divulged by Detective Waid and Law Enforcement." Again, below link gives you details of most public legal transcripts, but not all. You can follow this link to get the latest when documents become available for public viewing. http://www.scribd.com/DcSleuth/documents Comments are welcome! Marc Dupont Circle Washington DC
Two later filings submitted to the Court same day on Friday 4/8/2011, as follows: Additional eFiling Document to Defendants' Joint Opposition to Plaintiff's Motion to Compel Answers To Request for Admission and Interrogatories. and Defendants' Joint Opposition to Plaintiff's Motion to Compel Answers To Request for Admission and Interrogatories. You can follow this link to read motions on this case. If you don't see the latest, check back again. http://www.scribd.com/DcSleuth
So we will hear a development of the case from a “Motion Hearing” set for 2:00 p.m. on 4/19/2011, by the Judge, Michael L. Rankin. The final Jury Trial is still set for 9:00 a.m. on 10/17/2011. Also filed on 4/8/2011 was “Additional eFiling Document to Defendants’ Joint Opposition to Plaintiff’s Motion to Compel Answers To Request for Admission and Interrogatories.” and “Defendants’ Joint Opposition to Plaintiff’s Motion to Compel Answers To Request for Admission and Interrogatories,” by defendants’ attorney Brett A. Buckwalter
An event that we have been waiting for: Tuesday 4/19/2011 Motion Hearing 2:00 p.m. Courtroom 517 by Judge Michael L. Rankin Plus four (4) more filings went in the Court by Defendants' attorney Brett A. Buckwalter same day on 4/14/2011, are as follows: 1. "Additional eFiling Document to Defendant’s Consent Motion for Issuance of a Commission asking The Superior Court for Essex County, State of New Jersey, to issue a Subpoena Compelling Tara Ragone to Appear For Deposition Upon Oral Examination and To Take the Testimony of Tara Ragone." 2. "Defendant’s Consent Motion for Issuance of a Commission asking The Superior Court for Essex County, State of New Jersey, to issue a Subpoena Compelling Tara Ragone to Appear For Deposition Upon Oral Examination and To Take the Testimony of Tara Ragone." 3. "Additional eFiling Document to Defendant’s Opposition to the Metropolitan Police Department’s Motion to Quash For The Limited Purpose of Asserting the Law Enforement Privilege During Former Detective Bryan Waid’s Deposition as to Subject Matter Not Previously Divulged by Detective Waid and Law Enforcement." 4. "Defendant’s Opposition to the Metropolitan Police Department’s Motion to Quash For The Limited Purpose of Asserting the Law Enforement Privilege During Former Detective Bryan Waid’s Deposition as to Subject Matter Not Previously Divulged by Detective Waid and Law Enforcement," filed by attorney Brett A. Buckwalter on behalf of Joseph R. Price (Defendant); Victor Zaborsky (Defendant); Dylan Ward (Defendant) You can read most legal transcripts from this link by hitting "refresh" button often: http://www.scribd.com/DcSleuth You can also follow the news from Keith Alexander, the Washington Post’s Crime Reporter, who, I’m sure, will give us update tomorrow.
Below is the first link from The Examiner, written by Emily Babay, staff writer, on today's Motion Hearing on Robert Wone Civil Trial. http://washingtonexaminer.com/blogs/capital-land/2011/04/mpd-asserts-law... More to come...
As reported in the Examiner, by Emily Babay, that MPD is asserting law enforcemet privilege to Robert Wone investigation, I must say that "taking the Fifth (Amendment)" will be the "highlight" of Robert Wone Jury Trial case. No one is talking...yet. But Judge Michael L. Rankin has scheduled the next event below: Event: Status Hearing Date: 05/05/2011 Time: 1:45 pm Judge: RANKIN, MICHAEL L Location: Courtroom 517 The Jury Civil Trial remains for 09:00 AM on 10/17/2011 at the D.C. Superior Court.