The US Justice Department has moved to dismiss criminal charges against former Olympian David Hearn, who was accused of deliberately damaging the Lincoln Memorial's reflecting pool. Government lawyers now say the damage to the pool liner was the result of flawed installation by a contractor, not vandalism.
In a 20-page court filing in DC Superior Court on Friday evening, prosecutors cited information about a rush to complete the project before the America 250 celebration around Independence Day 2026. The filing stated that documents from the Department of the Interior, received only after the indictment, showed damage occurred before Hearn visited the pool on 19 June.
New Evidence Points to Installation Flaws
The motion detailed that the documents indicated a rushed and flawed installation process, with repeated failures of the lining during installation and extensive peeling throughout the pool. The US attorney for the District of Columbia, Jeanine Pirro, said her office first became aware of this information after the indictment, noting the damage was not vandalism as initially represented by the DOI.
Hearn, 67, a former Olympic canoeist, had denied allegations of sabotage and pleaded not guilty to one felony count of property destruction, which carried a potential 10-year prison sentence and a $1,000 fine. His trial had been set for 28 September.
Defense Calls for Apology
Attorneys for Hearn, including Norm Eisen, Mary Dohrmann, and Steve Levin, stated on social media that the government owes Hearn an apology. They argued the case should never have been brought, describing the arrest and charging as an abuse of government power against a patriotic American who did nothing wrong.
Hearn told the Associated Press he was detained by the National Guard and US Park Police for five hours after stopping during a bike ride. He said he briefly touched a chunk attached to the side of the pool. He was one of seven people charged in what former President Donald Trump claimed were efforts to sabotage the $15 million renovation project.
Witness Testimony Undermines Case
Last week, a witness testified that the pool liner was already damaged and would have required repairs regardless of Hearn's alleged actions. Defense attorneys noted that a National Park Service official testified the pool had substantial preexisting damage, including leaking more than one million gallons of water per week, expansion joints exceeding their service life, and a rip in the liner.
The defense also called for prosecutors to disclose legal instructions given to grand jurors, citing irregularities in the grand jury transcripts that suggested a misleading presentation. Hearn previously told NBC News that the pool's condition was the same after he stepped away as before.
The reflecting pool, prone to algae blooms, had faced ongoing problems during repairs, including liner separation and turning green after aeration machines were turned off before a UFC fight on the White House lawn.
