A witness in the case against former Olympic canoeist Davey Hearn, accused of vandalizing the Lincoln Memorial reflecting pool, testified that the pool liner was already damaged and would have required repairs regardless of Hearn's alleged actions, according to a court filing released Monday.
Defense challenges grand jury proceedings
Hearn's lawyers requested access to all grand jury testimony that led to his indictment, citing irregularities in those proceedings. They also demanded prosecutors disclose legal instructions given to grand jurors about the elements of the criminal charge.
“The grand jury transcripts disclosed to the defense thus far contain other irregularities that reflect a misleading presentation to the grand jury and a need for review of the entire grand jury record in this matter,” Hearn's attorneys wrote.
Hearn pleaded not guilty in July to one felony count of property destruction, which carries a potential 10-year prison sentence and a $1,000 fine. His trial is scheduled to start September 28 in Washington DC superior court.
National Park Service testimony undermines case
In Monday's filing, Hearn's legal team questioned whether prosecutors presented adequate evidence to support the alleged damage amount. A National Park Service (NPS) official testified that the pool already had preexisting damage before Hearn allegedly touched it, couldn't quantify any damage attributable to Hearn, and said the same repairs would have been required regardless.
“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 previously told NBC News that “the condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there.”
Political backdrop and Trump's renovation
The pool's condition became a partisan issue after President Donald Trump initiated a $16 million renovation involving a specialized blue paint called “American flag blue.” The fix failed due to leaks and algae blooms, and the liner began separating after aeration machines were turned off before a UFC fight on the White House lawn.
Trump blamed vandals for the renovation's failures, leading to misdemeanor charges against three people, including Hearn, for taking or attempting to take pieces of the blue liner.
Hearn, 67, competed in three Summer Olympics. He told the Associated Press he was detained by the National Guard and US Park Police for five hours after stopping at the pool during a bike ride on June 19. He said he reached into the pool and briefly touched a chunk attached to the side but obeyed a park worker who told him to let go.
Defense questions felony indictment
According to Hearn's lawyers, the NPS witness said the cost to repair the pool based on preexisting damage would have been $6,000 to $15,000. “Simply put, the government's witness could not identify any additional cost caused by Mr Hearn's alleged conduct,” the defense wrote. “Indeed, the witness did not even say or suggest that the alleged conduct had compromised the liner at all.”
They also questioned whether the felony indictment was “lawfully returned,” noting that the grand jury may not have been properly instructed that the charge required over $1,000 in damages when testimony failed to establish any damage caused by Hearn.
US attorney Jeanine Pirro's office did not immediately respond to a request for comment.
Trump continued to focus on the pool issue, claiming during a speech Monday in Michigan that a “sick” person cut the liner. He said the pool “is in the hospital now, but it's going to get better very soon. It's almost ready to open.”
