The U.S. Justice Department moved Friday to dismiss a criminal case charging a former Olympian with deliberately damaging the Lincoln Memorial Reflecting Pool.
Government lawyers said in a 20-page court filing that information provided 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.”
“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.
“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.
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 in damage to the pool.
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Hearn 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.
He and his supporters have said the prosecution is a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.