WASHINGTON (AP) — The 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 additional documents provided by the Interior Department since the indictment of David Hearn show that the damage was the result of a botched installation by a 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 have attempted to peel the lining.
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“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, which asked a judge to formally dismiss the case.
Hearn’s lawyers said in a statement that the case against him should never have been brought.
“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.
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The dismissal marks an embarrassing setback for a Justice Department that had billed the prosecution as accountability for damage at a Washington landmark where President Donald Trump had launched a massive renovation project before the country’s 250th anniversary celebrations. Trump, without providing evidence, has alleged the damage was caused by vandals.
But the case has long been saddled with evidentiary problems and challenges. Hearn has for weeks maintained his innocence and his supporters have characterized 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 had 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, accused Hearn of causing at least $1,000 in damage to the pool.
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In court papers Friday, prosecutors said they had only recently received new information that undermined 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.
Hearn has told The Associated Press he was detained by 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, Maryland, 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.