U.S. Attorney Seeks to Dismiss David Hearn Pool Case, Citing June 11 Peeling Warning
Updated
Updated · NBC News · Aug 19
U.S. Attorney Seeks to Dismiss David Hearn Pool Case, Citing June 11 Peeling Warning
3 articles · Updated · NBC News · Aug 19
Summary
Washington prosecutors asked a judge to dismiss without prejudice the property-destruction case against former Olympian David Hearn, while preserving the option to refile charges later.
A June 11 National Park Service engineer email said the Reflecting Pool liner was already peeling because of renovation materials and contractor overspray, undercutting the claim that Hearn caused the damage on June 19.
Assistant U.S. Attorney Michael Spence said the documents were provided only weeks after Hearn was indicted and would sabotage the government's ability to prove its case.
The office had already dropped the case on July 31, citing Interior Department records that blamed flawed installation by Atlantic Industrial Coatings, but Hearn's lawyers still want a permanent bar on any renewed prosecution.
The filing deepens a split with President Donald Trump, who has insisted the pool was vandalized and criticized U.S. Attorney Jeanine Pirro for withdrawing the charges.