00:00A former Olympian is facing 10 years in prison for allegedly tearing up the Lincoln Memorial Reflecting Pool.
00:06But legal experts say the government may not be able to convict him at all.
00:10So who's right? The prosecutors or the law professors watching this case?
00:14Here's what's happening.
00:15Within weeks of finishing renovations on the Lincoln Memorial Reflecting Pool,
00:19the brand new coating peeled and the water turned green.
00:22At least five people were arrested and now four face charges,
00:25including Olympic canoeist David Hearn, who the DOJ indicted on a felony destruction of property charge under DC law.
00:32This week, he was arraigned and pleaded not guilty.
00:35A judge released him and his next hearing is set for August 5th.
00:38Now the whole case comes down to two things prosecutors have to prove.
00:42That he damaged the pool on purpose and that it cost more than $1,000 to fix.
00:47That $1,000 line is the difference between Hearn's felony and the three others who only face misdemeanor charges.
00:53Hearn claims he only touched a piece that was already floating loose and removed nothing.
00:58And critics of the prosecution say the case has no grounds.
01:01Abby Smith, a Georgetown criminal defense director, told the Washingtonian that the government has to prove Hearn actually meant to
01:08destroy the pool,
01:09not just reach in at a curiosity.
01:11And Mary Che, a George Washington University law professor, called the indictment an overreach,
01:17saying she can't fathom a jury convicting him.
01:19But the DOJ stands firmly behind the case.
01:22U.S. Attorney Jeanine Pirro calls the damage a deliberate affront to the nation's heritage.
01:27And her office says it will bring in an expert witness to prove the repair cost crosses the felony line
01:32and that park employees saw intentional damage.
01:35But when she was asked directly whether the lining was already damaged before Hearn touched it,
01:40Pirro said she was not going to get into the evidence.
01:43So what do you think?
01:44Deliberate vandalism or poorly timed curiosity?
01:47Drop your take in the comments and follow us here for more.
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