Justice Todd E. Edelman warned U.S. Attorney Jeanine Pirro that the administration risks its case against David Hearn due to poor evidence management.
Justice Todd E. Edelman cautioned U.S. Attorney Jeanine Pirro that the administration is "operating at its own peril" regarding the prosecution of David Hearn for vandalizing the Lincoln Memorial Reflecting Pool. The case follows a $16 million renovation project by the administration that resulted in a significant algal bloom. While the administration accused Hearn of "forcefully and violently" ripping up the pool lining, Hearn argued he only touched a detached piece to satisfy his curiosity. Hearn’s attorneys moved to dismiss the case, noting that the government has already begun repairing the very liner it intended to use as evidence. Judge Todd E. Edelman denied the motion to dismiss the case entirely but urged prosecutors to account for the ongoing renovations. He noted that while the prosecutors are not in control of the site's repairs, the government may risk a successful prosecution if it does not better preserve the evidence. Hearn has pleaded not guilty to a single count of destruction of property.