Ex-Olympian charged with damaging Reflecting Pool sees ‘irregularities’ in grand jury proceedings
WASHINGTON (AP) — A former Olympian has been charged with intentional harm Lincoln Memorial Reflecting Pool Pointing to “irregularities” in the grand jury hearings, he is trying to access all of the behind-closed-door statements that led to the indictment.
In a court filing Monday, David Hearn’s attorneys requested an order that the government turn over a complete transcript of all grand jury hearings. They also want prosecutors to explain the legal instructions they gave to grand jurors about the elements of Hearn’s alleged crime.
Hearn pleaded not guilty earlier this month to criminal damage to property and has a trial scheduled to begin Sept. 28 in D.C. Superior Court. The charge, which carries a maximum sentence of 10 years in prison if convicted, accuses Hearn of causing at least $1,000 in damage to the pool.
But her attorneys question whether prosecutors properly presented the grand jury with sufficient evidence to support the amount of harm claimed in Hear’s indictment. Defense attorneys said a National Park Service official testified that the pool was already damaged before Hearn touched it, could not determine the amount of any damage attributable to Hearn, and said the same repairs would have been necessary regardless of his behavior.
“Witness testimony established that there was significant damage to the pool in need of repair prior to any alleged conduct by Mr. Hearn,” his lawyers wrote. he wrote. “According to the witness, the pool was leaking more than a million gallons of water per week; the expansion joints were past their service life and there was already a tear in the liner.”
Hearn’s attorneys base those arguments on their limited review of the grand jury’s testimony. They want court-ordered access to all hearings.
A spokeswoman for U.S. Attorney Jeanine Pirro’s office in Washington did not immediately respond to an email seeking comment on Hearn’s allegations.
Hearn had previously asked the court to dismiss the lawsuit stemming from a troubled multimillion-dollar renovation project backed by President Donald Trump. His lawyers argued that the government failed to properly preserve key physical evidence from the Reflecting Pool.
Republican Trump claimed vandals damaged the pool, but critics of the administration blamed the problems on shoddy repair work. During a speech at General Motors in Michigan on Monday, Trump claimed a “sick” person had cut the pool liner but said the attraction was receiving treatment.
“He is in the hospital right now, but he will recover very soon,” Trump said. “Almost ready to open.”
Hearn and his supporters claim his prosecution is a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.
Hearn he told the Associated Press was detained by National Guard troops and US Park Police for five hours after stopping by the pool while cycling on June 19. He said he reached down to inspect the pool’s freshly peeled liner and briefly touched a piece attached to the edge of the pool, but he obeyed a parking attendant who told him to let it go.
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics and had a best finish of ninth at the 1996 Atlanta Olympic Games, according to a statement on the U.S. Olympic and Paralympic Committee’s website.
At least three other people were charged with misdemeanors in the same court for allegedly removing paint chips from the pool.
___ Associated Press writer Darlene Superville contributed to this report.
