Mr. Price as he met and married Kathy Wone, and as Price became involv - PDF document

Mr. Price as he met and married Kathy Wo
Mr. Price as he met and married Kathy Wone, and as Price became involved in a committed romantic relationship with defendant Victor Zaborsky in 2001, and as

Dylan Ward also became a romantic partn
Dylan Ward also became a romantic partner of PriceÕs in 2003, and a housemate of Mr. Price and Mr. Zaborsky after that. Price and Zaborsky attended the Wo

nesÕ wedding and all three defendants ho
nesÕ wedding and all three defendants hosted Mr. WoneÕs thirtieth birthday party in 2004 at their townhouse on Capitol Hill. The Wones socialized with the

defendants approximately 2-4 times per y
defendants approximately 2-4 times per year and visited them The only accounts of what happened inside 1509 Swann Street between 11:08 and 11:49 p.m. on

August 2, 2006, are the defendantsÕ stat
August 2, 2006, are the defendantsÕ statements about this time period given later to police and others. At 11:49 p.m., Mr. Zaborsky called 9-11 from 1509 S

wann Street, N.W., reporting that that M
wann Street, N.W., reporting that that Mr. Wone had been stabbed inside the house. Paramedics arrived at 1509 Swann Street within five minutes, at 11:54, t

o find Mr. Wone lying on his back on a f
o find Mr. Wone lying on his back on a fold-out bed in the second floor guest room at the front of the house. He was suffering from three apparent stab wou

nds to the chest and abdomen, and was pu
nds to the chest and abdomen, and was pulseless, unresponsive, pale and cold to the touch. Police arrived within minutes thereafter. The paramedics remove

d Mr. Wone from the house and departed t
d Mr. Wone from the house and departed the residence at 11:59 p.m. At 12:04 a.m., Ms. Wone received a telephone call from Mr. Price in which she recalls th

at he informed her that Mr. Wone had bee
at he informed her that Mr. Wone had been stabbed in the back and was being transported to the hospital. The Medic unit arrived at George Washington Hospit

al Emergency Room at 12:06 a.m. on Augus
al Emergency Room at 12:06 a.m. on August 3, 2006. Mr. Wone was pronounced dead at 12:24 a.m. after resuscitative efforts failed. At the time of his death

, Mr. Wone was wearing green nylon gym s
, Mr. Wone was wearing green nylon gym shorts and a grey and white William and Mary t-shirt. He was later found by the medical examiner to have a night gua

rd in his mouth. The defendants openly
rd in his mouth. The defendants openly shared a three-way, committed, ÓpolyamorousÓ relationship, in which Mr. Price and Mr. Zaborsky were paired at times

and in which Mr. Price and Mr. Ward wer
and in which Mr. Price and Mr. Ward were paired at times. Some or all of the three engaged in relations outside the threesome, with the othersÕ apparent g

eneral knowledge. leading to an outdoor
eneral knowledge. leading to an outdoor patio. The rear patio was flag-stoned, with table, chairs and grill, enclosed by an approximately 8-foot wooden f

ence. Nicely landscaped plants and ligh
ence. Nicely landscaped plants and lighting inside brick borders spanned most of the inside of the rear fence and some of the sides of it. There were stee

p brick stairs that descended to the loc
p brick stairs that descended to the locked basement door along the right wall of the patio as one faced the house from the alley. A heavy metal gate the sa

me height as the fence led to the rear a
me height as the fence led to the rear alley which ran parallel to Swann Street. The patio was accessed from outside by a key. of the guest bedroom, where

he stood at the side of the fold-out be
he stood at the side of the fold-out bed with the head of the bed to his right and the foot to his left. Mr. Wone lay on his back on the bed, with his hea

d on the pillow at the top of the bed an
d on the pillow at the top of the bed and his body positioned slightly at an angle. Mr. Price sat on the bed by the door, wearing underwear and no shirt, n

ear Mr. WoneÕs body. Mr. Price had one
ear Mr. WoneÕs body. Mr. Price had one leg tucked beneath him and his back to Mr. Baker. Again Mr. Baker inquired, ÒwhatÕs going on?Ó and Mr. Price respon

ded, ÒI heard a scream,Ó and moved over
ded, ÒI heard a scream,Ó and moved over to clear the way for Mr. Baker to pass by. Mr. Baker entered the room and moved to the far side of the bed at Mr. W

oneÕs right shoulder, facing the door an
oneÕs right shoulder, facing the door and Mr. Price. persuade them falsely that an intruder committed the murder. The defendants contend that the gover

nment has failed to prove that the defen
nment has failed to prove that the defendants, or any one of them, was involved in Mr. WoneÕs murder in any way, that any of them knew the true circumstance

s of the murder, that any of them altere
s of the murder, that any of them altered the crime scene in any way or that any of them lied to police in any respect. They contend that each reasonably b

elieved that an intruder had entered the
elieved that an intruder had entered the home and stabbed Mr. Wone and that each truthfully communicated this belief, as well as his belief that none of the

other defendants was involved in the cr
other defendants was involved in the crime, to police on August 2 and 3, 2006, and to others thereafter. The Intruder Theory As an initial matter, I am pe

rsuaded by the trial evidence in its tot
rsuaded by the trial evidence in its totaliOn the hilt, of the knife appears the dotted pattern that Douglas Deedrick, the governmentÕs fiber expert testif

ied, and I credit, was consistent with h
ied, and I credit, was consistent with having been made by a looped fabric like a cotton towel, as opposed to another type of woven fabric. The black handl

e of the knife is pristine. During the
e of the knife is pristine. During the trial defense counsel demonstratedÐ in order to disprove the governmentÕs theory that blood had been applied to a c

lean knife for purposes of a plant -- th
lean knife for purposes of a plant -- the motion of drawing a knife that was an exact replica of the murder weapon, used for demonstrative purposes, through

the actual blood stained towel found at
the actual blood stained towel found at the crime scene with thumb and forefinger pinched along the blade. On that towel, depicted in close-up view with b

ack lighting in defendantÕs Exhibit 6040
ack lighting in defendantÕs Exhibit 6040, are two mirror image, approximately nickel-sized spots of blood about three inches apart, and another approximatel

y the size of a quarter also about three
y the size of a quarter also about three inches from one of the other two spots. These appear to have been made by the very motion demonstrated by counsel

Ð the drawing of the knife, blade side i
Ð the drawing of the knife, blade side into the towel but not touching the fabric so as to cut it, between pinched thumb and forefinger. Any person who has

ever used a sharp kitchen knife while c
ever used a sharp kitchen knife while cooking has replicated that same motion and the question whether their content and the circumstances of their making

establish the charged offenses in this
establish the charged offenses in this case.hile it is very possible that the call was not made so quickly as was asserted, it is also clear from the evid

ence that Mr. Wone could not have surviv
ence that Mr. Wone could not have survived, untreated, in PEA for very long. If defendants did lie about the timeline it surely was material and in and of