A U.S. Olympian accused of vandalizing the Reflecting Pool returned to court Friday to argue why that previously dismissed case should never be brought against him again.
At a motions hearing in D.C. Superior Court, the government and the defense argued their sides in front of Judge Todd Edelman, who must decide whether the charges against David Hearn should remain dismissed without prejudice – which means if new evidence comes forward, the government could recharge him – or with prejudice, meaning the government could never charge him in this case again.
“It’s not about me,” the three-time Olympian said outside court. “This is about defending democracy.”
“We have pummeled them with motion after motion – you heard about some of those today – proving that Mr. Hearn is innocent, that the damage to the Reflecting Pool was the result of a rushed, botched installation,” said his attorney, Norm Eisen. “When they’ve said they don’t have evidence, now. When they’ve admitted the cause was otherwise.
“There can be no continued basis for anyone to look at this case,” he said. “It should never be brought again. It must never be brought again. And we will not rest until this matter is disposed of and Mr. Hearn can sleep easy.”
In a hearing that lasted almost an hour, Assistant U.S. Attorney Michael Spence said the government has no evidence Hearn damaged the Reflecting Pool and there’s no open investigation and no intention to recharge him. Spence also said there was no proof of “economic damage” to the Reflecting Pool.
However, Spence said, Edelman should not dismiss with prejudice because the government brought the indictment in good faith and dismissed it when prosecutors learned information it did not have at the time of the indictment.
Spence said further evidence – if further evidence were to come forward – should be given to a grand jury to examine.
Hearn’s defense noted President Donald Trump continues to claim the pool was vandalized and criticized U.S. Attorney Jeanine Pirro for dismissing the case.
They ask why Hearn should go for years wondering whether he could be charged again because of pressure from the president.
They said there is no valid reason to keep the case alive and the indictment was the government’s mistake.
Edelman is taking the case under advisement before issuing his ruling, which could take days or weeks.
