U.S. Justice Department dismisses case against ex-Olympian accused of damaging D.C. reflecting pool

Listen to this article

Estimated 4 minutes

The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.

The U.S. Justice Department moved Friday to dismiss a criminal case charging a former Olympian with deliberately damaging the Lincoln Memorial Reflecting Pool, saying evidence prosecutors had recently received refuted the idea that vandals were to blame.

Government lawyers said in a 20-page court filing that information provided by the Interior Department since the indictment of David Hearn shows that the damage was the result of a “flawed installation by the contractor” as well as “the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.”

In addition, a recent visual inspection revealed damage throughout the pool, including in the middle — where prosecutors say a vandal would not likely attempt to peel the lining.

“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” said the filing from U.S. Attorney Jeanine Pirro.

Hearn’s lawyers said in a statement that the case against him should never have been brought.

Trump admin should apologize: defence

“Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology,” the lawyers said.

The dismissal marks an embarrassing setback for a Justice Department that had billed the prosecution as a measure of accountability for damage at a Washington landmark discovered in the lead-up to Fourth of July festivities in the nation’s capital. But the case has long been saddled with evidentiary problems and challenges, with Hearn and his supporters characterizing the prosecution as a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.

Earlier this week, Hearn’s lawyers sought access to grand jury transcripts because of what they said were “irregularities” in the process. They said a National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn’t quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct.

“The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn,” his lawyers wrote. “According to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip.”

Hearn pleaded not guilty earlier this month to one felony count of property destruction and has a trial scheduled to start Sept. 28 in D.C. Superior Court. The charge, which carries a maximum prison sentence of 10 years upon conviction, accuses Hearn of causing at least $1,000 US in damage to the pool.

New info undermines basis for prosecution

In court papers Friday, prosecutors said they had only recently received new information that undermines the basis for the prosecution.

“It was not until after these documents were produced that [prosecutors] first became aware of information showing that the damage was the result of a botched installation and not vandalism as initially represented” by the Interior Department. Prosecutors could “only rely,” they wrote, on the initial information suggesting that the damage was caused by vandals.

WATCH | Understanding the reflecting pool saga:

The reflecting pool saga | About That

U.S. President Donald Trump’s attempt to repair and repaint the Lincoln Memorial Reflecting Pool in Washington, D.C., is not going as planned. Andrew Chang breaks down the race to fix a slew of problems by Independence Day, from large swaths of peeling paint to swampy algae blooms.

(Photo credits: The Canadian Press, Reuters, Adobe Stock and Getty Images)

Hearn has told The Associated Press he was detained by U.S. National Guard troops and U.S. Park Police for five hours after stopping by the pool during a bike ride on June 19. He said he reached in to examine the pool’s newly peeled coating and briefly touched a chunk attached to the side of the pool, but said he obeyed a park worker who told him to let go of it.

Hearn, 67, of Bethesda, Md., competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the U.S. Olympic and Paralympic Committee says on its website.