Former Olympian says grand jury irregularities tainted Trump’s Reflecting Pool prosecution

A former U.S. Olympian charged with damaging the Lincoln Memorial Reflecting Pool is asking a judge to release secret grand jury testimony, arguing prosecutors relied on flawed evidence to secure his felony indictment.

In a court filing Monday, David Hearn’s attorneys asked the court to order the government to turn over the full transcript of the grand jury proceedings, along with the legal instructions prosecutors gave jurors before they voted to indict him.

Hearn, 67, has pleaded not guilty to one felony count of destruction of property. Prosecutors allege he caused at least $1,000 in damage to the Reflecting Pool, a charge punishable by up to 10 years in prison if convicted. His trial is scheduled to begin Sept. 28 in D.C. Superior Court.

But Hearn’s lawyers argue prosecutors failed to present evidence supporting that damage estimate.

According to the defense, a National Park Service official told the grand jury the Reflecting Pool was already badly damaged before Hearn’s alleged actions. The official testified the pool was leaking more than 1 million gallons of water each week, its expansion joints had exceeded their service life and the liner already had a tear, according to the court filing.

The same witness also said they could not identify any damage directly caused by Hearn or say repairs would have been different because of his alleged conduct, his attorneys wrote.

“The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by David Hearn,” the filing states.

Hearn’s lawyers say they have only been allowed to review portions of the grand jury proceedings and are seeking access to the complete record to determine whether prosecutors committed irregularities during the indictment process.

A spokesperson for U.S. Attorney Jeanine Pirro’s office in Washington did not immediately respond to a request for comment.

The case has become entangled in the controversy surrounding the multimillion-dollar restoration of the Reflecting Pool, a project championed by President Donald Trump.

Hearn’s attorneys have already sought to dismiss the case, arguing investigators failed to preserve key physical evidence from the pool.

Trump has publicly blamed vandals for damaging the landmark, while critics of his administration have argued the problems stemmed from poor repair work. Speaking Monday at a General Motors event in Michigan, Trump said a “sick” person cut the pool’s liner but added the attraction was being repaired.

“It’s in the hospital now, but it’s going to get better very soon,” Trump said. “It’s almost ready to open.”

Hearn and his supporters contend the prosecution is politically motivated and designed to shift blame for problems with the restoration project.

Hearn told The Associated Press he was detained for about five hours by National Guard troops and U.S. Park Police after stopping at the Reflecting Pool during a June 19 bike ride. He said he reached into the water to inspect part of the pool’s peeling liner and briefly touched a loose section before complying with a park worker’s request to let go.

A three-time Olympian from Bethesda, Maryland, Hearn finished ninth at the 1996 Atlanta Games. At least three other people have also been charged with misdemeanors for allegedly removing pieces of paint from the Reflecting Pool.

Source: independent.co.uk