DOJ seeks to keep door open to re-charge David Hearn in Reflecting Pool case
Prosecutors argue the Reflecting Pool vandalism case against David Hearn should be dismissed without prejudice, which would leave the door open to re-charge him.
Former Olympian David Hearn faces potential re-charging in a vandalism case against him at the Lincoln Memorial Reflecting Pool. U.S. Attorney Jeanine Pirro has argued that dismissal with prejudice may expose the defendant to future prosecutorial overreach, but the grand-jury process offers extensive protection if the case is re-presented.
Superior Court Judge Todd Edelman dismissed the case earlier, leaving the door open for re-charging due to President Donald Trump's public rejection of Pirro's decision. Hearn's defense team claims that Trump's rejection and perceived mistake do not provide him meaningful finality in line with constitutional protections. The defense asserts that former contractor negligence, not vandalism, caused the damage, which significantly weakens the evidentiary basis for the indictment.
They request access to government evidence relevant to Judge Edelman's decision on dismissal with prejudice.
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