For a post, I wrote up a list of everything we know about how Jeanine Pirro succeeded in getting a felony indictment against Davey Hearn. I’ve summarized this here.
- There are two main witnesses who implicated Davey Hearn: a female Parks Service employee who claims he told her she was “awfully sensitive about the pool,” and Emily Miller, the right wing propagandist who captured his arrest and claimed to talk to Pirro’s people about the case; Miller may be a witness mentioned in the arrest affidavit (she blocked me when I asked if she was on Xitter).
- That woman from the Parks Service did not testify to the grand jury and the investigative witness who did (MF) emphasized that her testimony “was not a sworn statement.” She’s the source of the claim that Hearn “violently” ripped at the pool liner.
- There are two photographs, one posted publicly by Hearn before he was charged, and another taken by a government employee, both of which show the damage was already done before Hearn reached his hand into the water.
- With regards to Hearn’s photo: the government did not present it to the grand jury (which is not a clearcut abuse) but also did not mention it in an affidavit to seize his phone (which is).
- With regards to the other photo, the government seems to have claimed that the female Parks Service employee took it and obscured when it was taken; Pirro’s MTD corrects the timing and attributes the photo to another government employee. The government refused to provide Hearn with metadata to prove this before they dismissed the case.
- There is CCTV footage that should have been turned over to Hearn that was not — footage that was shared with Jesse Watters so he could do propaganda to support Trump’s claims of sabotage. It almost certainly would debunk the entirety the Parks Service employee testimony.
- Even if we buy Pirro’s suspect claims about what Interior turned over when or her claimed ignorance about the problems with the pool before that, we know she had notice of the problems with the pool well before July 16 or 17, when she claims DOJ discovered the problems for the first time. DOJ knew of a damage assessment Interior did — which included a map of many different sites of damage — no later than July 10 (when she turned over the report to Hearn). And investigative agents were at the pool on July 13, three or four days earlier than Pirro let on in her report.
- The harms witness (MR) testified to the grand jury twice. The first time he described tons of pre-existing damage and said it would not be possible to isolate the damage attributed to Hearn. The second time (21 minutes later), he claimed he could attribute $1,000 of damage to Hearn. The prosecutor who sent MR back into the grand jury to give conflicting testimony — he said “Hopefully that kind of nailed down that specific question” to the grand jury after MR changed his story — is probably the prosecutor most responsible for the abuses in the prosecution.
In other words, we have a pretty good sense of how Hearn was indicted: An unreliable Parks Service employee made suspect claims about him, which were presented via an investigative witness, not under oath. DOJ covered up the photographic evidence they had (or Hearn had taken) that the pool was damaged before he got there. And their harms witness was sent back to the grand jury to give testimony that arguably conflicted with what he had given 21 minutes earlier so they could meet a crucial element of the felony offense.
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