David Hearn lawyers seek permanent dismissal

David Hearn’s lawyers asked a D.C. Superior Court judge this week to bar federal prosecutors from ever reviving the criminal case accusing the former Olympian of vandalizing the Lincoln Memorial Reflecting Pool. The motion, filed Tuesday, Aug. 4, seeks dismissal with prejudice after the U.S. Attorney’s Office in Washington moved on Friday, Aug. 1, to drop the indictment without prejudice. Prosecutors said in that earlier filing that damage to the pool was caused by flawed installation work by a contractor, not by Hearn. Hearn had pleaded not guilty in July to a felony destruction-of-property charge. ### Why are Hearn’s lawyers fighting over the words “with prejudice”? A dismissal with prejudice would prevent the government from bringing the same charge again, while a dismissal without prejudice would leave open the possibility of a new case. Hearn’s attorneys told the court that the government’s own account now undercuts the basis for the prosecution and that the case should end permanently. (abcnews.com) The Washington Post reported that Hearn’s lawyers are trying to head off any later attempt by prosecutors to file new charges tied to the same episode at the Reflecting Pool. ABC News said the defense motion cited “exceptional facts and circumstances” in asking for a permanent dismissal. ### What did prosecutors say changed in the case? The Justice Department said on Aug. 1 that the damage “was the result of flawed installation by the contractor,” reversing the theory it had used when charging Hearn. (abcnews.com) ABC News reported that prosecutors acknowledged the pool damage was not caused by vandalism by Hearn. USA Today and other outlets reported that prosecutors also moved to dismiss related Reflecting Pool cases against other defendants after the government reexamined the cause of the damage. (washingtonpost.com) That broader retreat added to the defense argument that the original case should not remain available for future refiling. ### What are Hearn’s lawyers accusing the government of doing? (abcnews.com) Defense lawyers said in court papers that the Justice Department “knew or should have known for weeks” that the case against Hearn was flawed, according to Associated Press coverage carried by U.S. News. The Independent reported that the defense accused prosecutors of rushing forward despite evidence pointing to construction problems rather than intentional damage. (usatoday.com) ABC News reported that the filing came after U.S. Attorney Jeanine Pirro sought dismissal without prejudice last Friday. Hearn’s lawyers argue that ending the case on those terms would leave him exposed even after prosecutors abandoned the original allegation. ### How did Hearn get charged in the first place? David Hearn was arrested in June and pleaded not guilty on July 9 in D.C. (usnews.com) Superior Court, according to ABC News coverage of the earlier dismissal request. Prosecutors had accused the former U.S. Olympic canoeist of damaging the Reflecting Pool’s new lining. The case became more complicated after the government said Interior Department records about pre-existing coating problems had not been provided before the indictment, according to earlier reporting summarized in search results. (abcnews.com) Prosecutors then moved to abandon the charge rather than continue with the vandalism theory. (abcnews.com) ### What happens next in court? A D.C. Superior Court judge now has to decide whether to grant the government’s request to dismiss the indictment and, if so, whether that dismissal will be with prejudice or without prejudice. Hearn’s Aug. 4 motion puts that narrower but consequential question at the center of the case’s next stage. (msn.com) Jeanine Pirro’s office asked on Aug. 1 for dismissal without prejudice, and Hearn’s lawyers answered on Aug. 4 with a request for permanent dismissal. The next step is the court’s ruling on those competing requests. (abcnews.com)