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.
There are already reports of chunks of coating coming off before he was accused of damaging it. How can they prove that he ripped coating and not just touched it? Also, how would you rip up pool coating with your bare hands?