SerpApi.Org
U.S. Attorney Jeanine Pirro's felony destruction of property case against 67-year-old three-time Olympian David Hearn faces dismissal after government prosecutors destroyed the alleged evidence.
Hearn was indicted July 2 for allegedly damaging the Lincoln Memorial Reflecting Pool's liner on June 19.
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When defense attorneys accessed the drained pool on July 16 with Assistant U.S. Attorney Kevin Reddington, they discovered "this entire section of the pool liner is missing," according to a sworn declaration.
Journalist Marcy Wheeler published the declaration on social media.
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Defense attorneys had sent a preservation demand July 8, but the government fenced off and began draining the pool that same day.
Photographs from the government's own search warrant application show identical damage existed before Hearn allegedly touched the pool with both hands.
"National Park employees observed Hearn actually forcefully and violently pulling up and removing the bottom liner with both hands," Pirro claimed during her press conference announcing the indictment July 2, according to CNBC.
"The government's failure to preserve this evidence, in the face of an express demand no less, has destroyed Mr. Hearn's ability to collect evidence material to his defense," Hearn's attorneys argued, "Dismissal is the only appropriate remedy."
The Olympian maintains he only touched an already-detached liner piece. His defense filed a motion to dismiss on July 16 before Judge Todd Edelman of D.C. Superior Court.
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