Lawyers for three men accused of crimes related to the 2006 murder of lawyer Robert Wone are demanding more information about a three-count indictment that the attorneys say is vague and factually deficient.
Victor Zaborsky, Dylan Ward, and Arent Fox partner Joseph Price are charged with conspiracy, obstruction of justice, and evidence tampering related to the fatal stabbing of Wone, general counsel for Radio Free Asia. Police say Wone was sexually assaulted, restrained, and killed in the Price-Zaborsky home near Dupont Circle. A copy of the indictment is here.
Ward’s lawyers, Robert Spagnoletti and David Schertler of Schertler & Onorato, want prosecutors to provide a bill of particulars that lays out in greater detail the individual acts that make up the charges.
Spagnoletti, president of the D.C. Bar, argued in court papers filed last week that prosecutors failed to explain how Ward allegedly tampered with evidence. Police say the crime scene was cleaned and Wone’s body was laid on a bed.
Spagnoletti also wants more information about the alleged acts that make up the conspiracy charge. Without more information, he wrote, Ward will not be able to prepare an adequate defense.
“The absence of these factual allegations in the charging document will also inevitably lead to unfair surprise should this case survive other legal challenges and proceed to trial,” Spagnoletti wrote.
A bill of particulars, Spagnoletti wrote, will lock the government in place and not force Ward to “defend against moving targets” at trial. There was no early word whether the prosecution plans to fight the motion. Spagnoletti declined an interview request.
A status hearing in the criminal case is set for next month before Superior Court Judge Frederick Weisberg.