First, the three defendants wouldn’t talk in depositions, asserting their Fifth Amendment right to avoid self-incrimination.
Now, police officers who investigated the case also want to stay silent, telling defense attorneys for three men facing a wrongful death suit over lawyer Robert Wone‘s 2006 stabbing death at their Dupont Circle townhouse that law enforcement privilege prevents them from answering questions.
Joseph Price, Dylan Ward and Victor Zaborsky were acquitted of obstruction of justice, tampering with evidence and conspiracy in a criminal trial last summer. Wone’s widow has filed a $20-million wrongful death complaint against them.
In a hearing Tuesday, Patricia Donkor, an attorney for the District, said the D.C. police officers were asserting their law enforcement privilege over aspects of the case that have “not been divulged” during the criminal trial or previous proceedings in the case.
Brett Buckwalter, Price’s attorney, maintained the assertion was too broad. Donkor said she couldn’t be more specific without knowing what questions attorneys would ask in depositions.
D.C. Superior Court Judge Michael Rankin told them to continue discussing the issue and both lawyers said they believed they could come to a solution.
Another hearing on the matter is scheduled for May 5. Rankin gave no indication when he would rule on whether the three defendants must answer deposition questions.
