A former Justice Department prosecutor laughed Thursday at the government’s Reflecting Pool case against a former Olympian, calling the key evidence “worthless.”
Gene Rossi tried more than 110 federal cases over nearly three decades at the Justice Department.
He spoke about the case on LiveNOW from Fox, the sister channel of Fox News, hours after former Olympic canoeist David Hearn pleaded not guilty in D.C. Superior Court to a felony count of property destruction.
District of Columbia U.S. Attorney Jeanine Pirro had called Hearn’s actions “a deliberate act,” saying he was “forcefully and violently” pulling up pool liner “with both hands” and that the government has “tremendous evidence.”
“To do that beyond a reasonable doubt, that may be hard if all you have — allegedly — is him reaching into the water and touching a detached piece of blue paint from the bottom of the pool,” Rossi said on LiveNOW from Fox.
“If that’s their case, they may have a tough, tough hurdle before a jury.”
Prosecutors say Hearn caused more than $1,000 in damage to the pool, a legal threshold that makes the charge a felony carrying up to 10 years in prison.
“They may have a difficult argument to make for the prosecution to say that a detached piece of paint that detached from the bottom of the pool — just touching it or even grabbing it — caused $1,000 worth of damage,” he said. “Andy, if that is a detached piece of paint, that piece of paint is worthless! You can’t use it again!”
Then he laughed.
“I’d rather be the defense attorney in this case than the prosecution,” Rossi added, “unless the prosecution has some great eyewitnesses, great law enforcement officials testifying, or maybe a video.”
The case plays out against President Donald Trump’s claim that vandals wrecked the $14 million-plus pool. Trump wrote on Truth Social that a “350 foot gash, made by a very sharp knife or razors” was cut into the liner.
“Are you going to believe me or your lying eyes?” Rossi asked, invoking Groucho Marx. “The American public, when they saw the Reflecting Pool after it was allegedly renovated in the middle of June — the next couple of days, there was algae, it turned green. Your eyes are telling you that something is not right with the way they did this.”
Hearn’s next court date is Aug. 5.