David “Davey” Hearn was indicted this month and accused of damaging the pool. He has pleaded not guilty.
  • raze2012@lemmy.world
    40·
    3 days ago

    This was never a serious case to begin with. The cruelty and the process was the point, not any hope this Olympian would see serious time.

  • nkat2112@sh.itjust.worksEnglish
    24·
    3 days ago

    The Olympic athlete’s attorney appears to be having a field day - of Olympic proportions, I might add - with the Pedophile’s US attorney’s office for Washington:

    “Simply put, the government’s witness could not identify any additional cost caused by Mr. Hearn’s alleged conduct. Indeed, the witness did not even say or suggest that the alleged conduct had compromised the liner at all,” they wrote.

    The witness testimony also raised questions about whether the grand jury was properly instructed about the core elements of the alleged crime, which “bears directly on whether the felony indictment was lawfully returned,” Hearn’s attorneys wrote.

    “The Government’s only witness on that element testified that the property was already deteriorated, that the identified repairs would have been needed even without Mr. Hearn’s alleged conduct, and that he could not quantify any loss caused by that conduct,” they wrote. “Consequently, the grand jury’s indictment of Mr. Hearn is hard to explain. Mr. Hearn needs to learn whether the grand jury was properly instructed that the charge required him to have caused over $1,000 in damages, when the testimony failed to establish that he caused any damage at all. So does this Court.”

    • jballs@sh.itjust.worksEnglish
      5·
      3 days ago

      “Consequently, the grand jury’s indictment of Mr. Hearn is hard to explain. Mr. Hearn needs to learn whether the grand jury was properly instructed that the charge required him to have caused over $1,000 in damages, when the testimony failed to establish that he caused any damage at all. So does this Court.”

      This would be so great of it ended up with the US attorney being disbarred for this.

      They say a prosecutor can get a grand jury to indict a ham sandwich - but usually the grand jury isn’t hearing testimony saying there’s no way the sandwich committed any crime.