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Non-party, the Metropolitan Police Department (“MPD”), moves to quash the notice of
deposition of defendant, Joseph Price, which seeks to depose former Detective Bryan Waid on
April 8, 20111, in Ft. Myers, Florida, for the limited purpose of asserting the law enforcement
privilege over subject matter not previously divulged by Detective Waid and law enforcement
during the course of the criminal investigation, related criminal trial and pendency of the instant
civil case. In support thereof, this Court is respectfully referred to the Memorandum of Points
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On Friday, March 25, 2011, undersigned counsel spoke to Attorney Craig Roswell. Mr. Roswell
indicated that the deposition will likely be postponed. MPD seeks the same relief over any rescheduled
deposition of former Detective Waid. However, today, April 1, 2011, undersigned counsel spoke to Mr.
Buckwalter, who indicated that he believes the deposition will take place on April 8, 2011, as scheduled.
MPD seeks the same relief over any rescheduled deposition of former Detective Waid.
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Respectfully submitted,
IRVIN B. NATHAN
Acting Attorney General for the District of Columbia
GEORGE C. VALENTINE
Deputy Attorney General, Civil Litigation Division
Certificate of Service
I HEREBY CERTIFY that on April 1, 2011, a copy of the foregoing Motion to Quash
Craig D. Roswell
2
Appearance entered under D.C. App. Rule 49(c)(4).
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Brett A. Buckwalter
Niles, Barton & Wilmer, L.L.P.
111 S. Calvert Street
Ste. 1400
Baltimore, MD 21202
Counsel for Joseph R. Price
PATRICIA B. DONKOR
3
SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
____________________________________
)
ESTATE OF ROBERT E. WONE, )
By Katherine E. Wone )
)
Plaintiff, ) 2008 ca 8315
) Judge Michael L. Rankin
) Calendar 7
v. )
)
JOSEPH R. PRICE, et al., )
)
Defendants. )
___________________________________ )
I. FACTUAL BACKGROUND
On August 2, 2006, Robert E. Wone was killed while at defendants’ home, located at 1509
Swann Street, N.W. in Washington, D.C. On November 25, 2008, plaintiff filed a lawsuit
against the defendants for wrongful death, negligence, spoliation of evidence and conspiracy.
On May 17, 2010 a criminal trial against the defendants commenced. The defendants were
charged with tampering with evidence, obstruction of justice, and conspiracy to obstruct justice.
The trial ended on June 29, 2010. The criminal trial court dismissed the tampering charges
against defendants Victor Zaborsky and Dylan Ward. All defendants were acquitted on all
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remaining counts. On March 21, 2011, defendant filed a notice for deposition of former
Detective Bryan Waid to take place on April 8, 20113, in Ft. Myers, Florida.
Undersigned counsel is unaware of the expected topics that counsel intends to cover during
the scheduled deposition. However, to the extent that any participating attorney seeks to explore
subject matter and elicit testimony about information not previously divulged during the related
criminal investigation, criminal trial, and pendency of the instant civil matter, MPD exerts the
law enforcement privilege over such topics and moves to quash any and all questions concerning
Superior Court Civil Procedure Rule 26(b)(1) permits parties to obtain discovery
regarding matters that are not privileged. In this case, the information the parties seek is
3
On Friday, March 25, 2011, undersigned counsel spoke to Attorney Craig Roswell. Mr. Roswell
indicated that the deposition will likely be postponed. However, today, April 1, 2011, undersigned
counsel spoke to Mr. Buckwalter, who indicated that he believes the deposition will take place on April 8,
2011, as scheduled. MPD seeks the same relief over any rescheduled deposition of former Detective
Waid.
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ought not be produced, (3) state with specificity the rationale of the
claimed privilege [namely, 3(a)] specifying which documents or
class of documents are privileged and [3(b)] for what reasons.
Kay v. Pick, 711 A.2d 1251, 1256 – 1257 (D.C. 1998) (internal citations and quotations omitted).
Here, undersigned counsel is unaware of the topics that counsel intends to cover during the
speak to Attorney Buckwalter. While Attorney Buckwalter was extremely cooperative, he was
candid in admitting that there is a strong likelihood that he will explore topics that may not have
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been covered during the criminal case. He also admitted that he will not voluntarily limit the
scope of his deposition to subject matter previously explored during the criminal investigation,
criminal trial, and pendency of the instant civil case. As a result, to the extent that any
participating attorney seeks to explore subject matter and elicit testimony about information not
previously divulged during the related criminal investigation, criminal trial, and pendency of the
instant civil matter, MPD exerts the law enforcement privilege over such topics because they are
IV. CONCLUSION
Accordingly, MPD respectfully requests that this Court grant its Motion to Quash for the
limited purpose of declaring that the law enforcement privilege precludes counsel from exploring
subject matter and eliciting testimony about information not previously divulged during the
related criminal investigation, criminal trial, and pendency of the instant civil matter.
Respectfully submitted,
IRVIN B. NATHAN
GEORGE C. VALENTINE
7
Chief, General Litigation Section III
(202) 727-9624(phone)
Email: patricia.donkor@dc.gov
Certificate of Service
I HEREBY CERTIFY that on April 1, 2011, a copy of the foregoing Motion to Quash
Craig D. Roswell
Brett A. Buckwalter
Niles, Barton & Wilmer, L.L.P.
111 S. Calvert Street
Ste. 1400
Baltimore, MD 21202
Counsel for Joseph R. Price
8
1201 Pennsylvania Avenue, NW
(202) 662-6000
Ralph C. Spooner
Salem, OR 97301
9
Counsel for Defendant Dylan M. Ward
PATRICIA B. DONKOR
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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA
CIVIL DIVISION
____________________________________
)
ESTATE OF ROBERT E. WONE, )
By Katherine E. Wone )
)
Plaintiff, ) 2008 ca 8315
) Judge Michael L. Rankin
) Calendar 7
v. )
)
JOSEPH R. PRICE, et al., )
)
Defendants. )
___________________________________ )
ORDER
Detective Bryan Waid, and the entire record herein, and Other Information thereto it is this
ORDERED that the law enforcement privilege prohibits counsel from exploring subject
matter and eliciting testimony about information not previously divulged during the criminal
Michael L. Rankin
Associate Judge
Copies to:
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Patricia B. Donkor
Assistant Attorney General
441 Fourth Street, N.W.
Sixth Floor South
Washington, DC 20001
Counsel for Defendant
Craig D. Roswell
Brett A. Buckwalter
Niles, Barton & Wilmer, L.L.P.
111 S. Calvert Street
Ste. 1400
Baltimore, MD 21202
Counsel for Joseph R. Price
(202) 662-6000
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SCHERTLER & ONORATO LLP
Ralph C. Spooner
Salem, OR 97301
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