New Facts: Judge Considers Permanent Dismissal of Charges

Judge Todd Edelman heard dueling requests on whether to end David Hearn’s Reflecting Pool case for good. He took the matter under advisement and said a ruling would come soon. Prosecutors conceded they cannot sustain the indictment but asked to dismiss it without prejudice so they could charge again if something new turns up.

Assistant U.S. Attorney Michael Spence said the office is not investigating Hearn and could not say where any new evidence would come from. He also confirmed in court that Hearn’s conduct caused no economic loss to the pool liner and therefore did not meet the destruction of property charge. Edelman questioned why the office sought an indictment before receiving Interior Department information about the liner’s flawed installation.

Edelman pressed the government about President Donald Trump’s public criticism of dropping the case and his suggestions he might fire the U.S. Attorney if she did not revisit that decision. He asked how to view those statements as anything other than pressure to pursue a prosecution the office has acknowledged it cannot sustain. Hearn’s lawyers urged dismissal with prejudice, which would block any attempt to reindict him for the same conduct.

AI-synthesized from multiple reported sources