WASHINGTON (AP) — A former Olympian charged with deliberately damaging the Lincoln Memorial Reflecting Pool is seeking access to all of the closed-door testimony that led to his indictment, pointing to "irregularities" in those grand jury proceedings.
In a court filing Monday, David Hearn's attorneys requested an order for the government to turn over a complete transcript of all grand jury proceedings. They also want prosecutors to disclose the legal instructions they gave to grand jurors about the elements of Hearn's alleged crime.
Hearn pleaded not guilty earlier this month to one felony count of property destruction and has a trial scheduled to start Sept. 28 in D.C. Superior Court. The charge, which carries a maximum prison sentence of 10 years upon conviction, accuses Hearn of causing at least $1,000 in damage to the pool.
But his lawyers question whether prosecutors properly presented the grand jury with adequate evidence to support the amount of damage alleged in Hearn's indictment. A National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn't quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct, defense attorneys said.
"The witness's testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn," his lawyers wrote. "According to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip."
#pool #jury #court #service
In a court filing Monday, David Hearn's attorneys requested an order for the government to turn over a complete transcript of all grand jury proceedings. They also want prosecutors to disclose the legal instructions they gave to grand jurors about the elements of Hearn's alleged crime.
Hearn pleaded not guilty earlier this month to one felony count of property destruction and has a trial scheduled to start Sept. 28 in D.C. Superior Court. The charge, which carries a maximum prison sentence of 10 years upon conviction, accuses Hearn of causing at least $1,000 in damage to the pool.
But his lawyers question whether prosecutors properly presented the grand jury with adequate evidence to support the amount of damage alleged in Hearn's indictment. A National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn't quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct, defense attorneys said.
"The witness's testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn," his lawyers wrote. "According to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip."
#pool #jury #court #service
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