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.

  • Sibilantjoe@lemmy.world
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    3 days ago

    Not surprising, and a good move by Hearn’s attorneys. The Trump DOJ has already established a terrible track record for improperly presenting cases to grand juries, and given how much of a reach even charging this guy is, I would almost expect the DOJ attorneys involved to have ‘finessed’ the grand jury presentation to secure an indictment on such thin evidence.

    Looking forward to seeing how this turns out.

    • givesomefucks@lemmy.world
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      3 days ago

      “A grand jury would indict a ham sandwich” undersells it, because they’d indict the sandwich for being a giraffe…

      It’s not exactly a high threshold, and going off memory, they can just keep trying till it happens.

      It’s not like a grand jury can say “no” and that’s the end of it, it’s just a matter of how motivated the feds are and how long they’re willing to keep doing it. They only need “guilty” once, even if it’s on the 101st try.

      • Sibilantjoe@lemmy.world
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        3 days ago

        Technically true, but not practically. If you have a case so weak that you can’t even get a grand jury to get to ‘probable cause’ on the first try, there’s not a snowball’s chance in hell of a guilty verdict at trial. You generally don’t see the govt. making multiple runs at grand jury presentation.

        • givesomefucks@lemmy.world
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          3 days ago

          Yeah, because “normally” the feds have like a 99% conviction rate…

          That has completely gone to shit already.

          Youre operating under the assumption that the people running the DOJ would tell trump they couldn’t get what he wanted.

          If it goes to trial and doesn’t get what trump wants, then trump is mad at the judge.

          If it never goes to trial because they stopped trying to force it past a grand jury, trump is mad at the person who stopped trying to push it past the grand jury…

          So they’re not gonna stop till a grand jury indicts.

          Does any of that make sense?

          There’s really no way to explain it any simpler without coming off incredibly condescendingly

      • YiddishMcSquidish@lemmy.today
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        2 days ago

        Not “guilty”, but rather “indicted”. In the trial phase they can get 101 mistrials, but if they get one “not-guilty” that would be the end of it

  • psycotica0@lemmy.ca
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    2 days ago

    Maybe I’m focusing on the wrong part but… a thousand dollars in damages? I know a lot of people in the states can’t rub two dimes together, but a thousand dollars is like… nothing. Especially for the government and not some guy working two jobs.

    They’re claiming he should go to jail for 10 years for maybe causing a thousand dollars of damage to public property? I bet a single church could put together a bake sale one time and raise a thousand dollars.

    Obviously if the tables were flipped, and some guy was out there breaking drinking fountains and cutting down trees in a park I’d be pissed… but this doesn’t even feel like an interesting lie!

    • ikidd@lemmy.dbzer0.com
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      2 days ago

      Likely the charge is for federal property damage over $1000. So they could be saying it’s a million dollars. Who know what stupid shit they’ll put in.

      • BillyClark@piefed.social
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        2 days ago

        If I can go to a public monument and cause a million, or even a thousand, dollars of damage by touching something in a public place with my hand, it’s not really my fault at that point. It’s the fault of whoever made it so fragile.

    • imgonnarum@lemmy.world
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      2 days ago

      It’s an excuse to attack an average citizen and hopefully get away with it, so they can flex a fascist muscle.

  • NoForwadSlashS@piefed.social
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    2 days ago

    It doesn’t make any logical sense that these charges are still being pursued, particularly after draining the pool and seeing the visible motorcade damage.

    How can someone claim on the one hand that a heavy motorcade couldn’t have possibly damaged the pool surface, but also argue that it was fine until this man did $1000 damage with his bare hands. Any sane (unbiased) person would laugh in their face and throw it out.

    • kylie_kraft@lemmy.world
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      2 days ago

      It makes sense when you know that the goal is to control the conversation about the reflecting pool. If we’re arguing over fake vandalism and unjust prosecutions, then we’re not arguing over the legal authority to make renovations to national landmarks, the no-bid contracts awarded to donors, or the shoddy rush job that actually caused the problem.

      It’s a similar tactic that’s been used when ICE murders, deports, or arrests legal residents and citizens. Immediately accuse them of being domestic terrorists and, if they’re still alive, charge them. Everyone starts arguing over the legitimacy of the accusations and charges instead of the fact that a government paramilitary full of undertrained goons is targeting people based primarily on skin color and language and refusing to backtrack because they have actual quotas on how many people they are required to abduct.

      • Dnb@lemmy.dbzer0.com
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        2 days ago

        Yep it’s all about djt using the doj as his attack dog and making life hell for anyone who doesn’t bend the knee.

        It’s just insane amount of corruption, fraud and abuse from the admin

  • givesomefucks@lemmy.world
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    3 days ago

    A former Olympian

    Minor point, but I feel like if you make it to the Olymbics at any point in your life, you always get to be an Olympian

  • EthicalTime@lemmus.org
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    2 days ago

    Are we still on the Reflecting Pool? I quit YouTube, but that was the last time I heard about the Reflecting Pool, which was about two weeks ago from Shapiro.

  • workerONE@lemmy.world
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    2 days ago

    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?