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Judge Will Decide If Reflecting Pool Indictment Against Olympian Is Permanently Barred

The ruling will determine whether prosecutors may refile after they acknowledged the pool liner failure was caused by a botched contractor installation.

Overview

  • Judge Todd Edelman said on Friday he will issue a quick ruling on whether to dismiss the indictment against David Hearn with prejudice, which would permanently block renewed prosecution.
  • Prosecutors moved to dismiss the felony destruction-of-property charge but asked for dismissal without prejudice to preserve the option to present the case to a future grand jury if new evidence appears.
  • Assistant U.S. Attorney Michael Spence conceded in court that whatever Hearn may have done produced no measurable economic loss to the pool liner and that Interior Department records pointed to installation failures, undercutting the government’s vandalism theory.
  • Defense lawyers argued that allowing reprosecution would be prosecutorial harassment and pointed to President Donald Trump’s public calls to revive charges as evidence of improper political pressure on career prosecutors.
  • The dispute has widened scrutiny of the fast-tracked, largely no-bid multi-million-dollar Reflecting Pool renovation, prompted forensic findings of delaminated seams and clogged piping, and spurred congressional and inspector general interest in agency disclosures and contractor performance.