The Justice Department moved to drop felony charges Friday against former Olympian David Hearn after acknowledging that damage to the Lincoln Memorial Reflecting Pool was caused by a flawed installation rather than vandalism.
The motion to dismiss was filed by D.C. U.S. Attorney Jeanine Pirro after prosecutors concluded that the damage attributed to Hearn stemmed from defects in the installation of the Reflecting Pool’s liner. The filing said information obtained after the indictment showed the damage was caused by “botched work” performed by the project’s contractor, not by criminal conduct.
Hearn, a former Olympic canoeist, had pleaded not guilty to a felony charge of destruction of property after authorities alleged he damaged the iconic Reflecting Pool during a June visit to the National Mall. Prosecutors had accused him of pulling at the pool’s liner, but acknowledged in the filing that it would be “difficult to attribute widespread damage to the Reflecting Pool.”
Hearn was arrested June 19 after stopping at the pool during a 50-mile bike ride to inspect the newly renovated landmark. He said he noticed a section of the pool’s blue liner had become partially detached and reached into the water to touch the loose material out of curiosity. Hearn was detained by National Guard troops and U.S. Park Police for several hours before being charged with destruction of government property.
The pool underwent a Trump administration renovation ahead of the nation’s 250th anniversary celebrations, but the project quickly drew scrutiny after problems emerged. Weeks after it reopened in early June, the pool was drained as photos showed the blue waterproof sealant peeling away, with pieces floating on the surface, while algae growth turned the water green. Workers have since drained the Reflecting Pool again.
The case against Hearn unraveled in recent weeks as defense attorneys challenged the evidence presented to a grand jury. Court filings cited testimony from a National Park Service official who said the pool had significant preexisting problems, including leaks and a torn liner, before Hearn ever touched it.
“The Trump administration’s case against Davey Hearn 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,” attorneys for Hearn said in a statement. “The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”
In Friday’s filing, prosecutors appeared to blame their indictment on incomplete information provided by the Department of Interior, and that later disclosures pointed to poor workmanship rather than vandalism.
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