The Justice Department has reversed course in its prosecution of former U.S. Olympian David Hearn, asking a federal judge to dismiss the felony charge accusing him of damaging the Lincoln Memorial Reflecting Pool.
Prosecutors now say newly obtained Interior Department records indicate that widespread peeling inside the pool resulted from a flawed contractor installation completed under a rushed renovation schedule, not the vandalism originally attributed to Hearn.
U.S. Attorney Jeanine Pirro’s office submitted a 20-page motion explaining that additional Interior Department records revealed significant problems with the installation of the pool’s new blue coating.
The July 31 motion does not automatically end the case. A judge must formally approve the government’s request before the indictment is dismissed.
New Documents Undermined the Original Vandalism Claim
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According to CNN’s account of the filing, crews were working under an accelerated schedule ahead of July 4 events connected to the United States’ 250th anniversary. Prosecutors said the rushed process contributed to defects across the newly installed surface.
After the pool was drained, inspectors found peeling and damage across several sections, including areas near the middle that would have been difficult for a visitor standing at the edge to reach.
The newly disclosed records also indicated that the contractor had experienced installation problems before Hearn’s June 19 encounter with the liner.
Prosecutors said they did not receive that information until after a grand jury had indicted Hearn. Based on the fuller record, the government concluded that it could no longer prove beyond a reasonable doubt that he caused the damage charged in the case.
Pirro Initially Described the Incident as Deliberate
A federal grand jury indicted Hearn on July 2 on one count of destruction of government property valued at $1,000 or more. Pirro initially said National Park Service employees had seen Hearn “forcefully and violently” pull up part of the pool’s newly installed lining.
Her office presented the case as an example of holding people accountable for damaging national monuments. The felony charge carried a possible maximum sentence of 10 years in prison. Hearn pleaded not guilty on July 9 and consistently denied damaging the landmark.
Hearn Said He Touched Material That Was Already Loose
Hearn said he encountered the damaged coating while stopping at the Reflecting Pool during a bike ride. He acknowledged reaching into the water and briefly examining a loose section but maintained that he did not tear the material, remove it or cause additional damage.
National Guard personnel and U.S. Park Police detained him for approximately five hours following the encounter. His attorneys later argued that the liner had substantial preexisting defects and that the pool would have required extensive repairs regardless of anything Hearn did that day.
His Attorneys Are Calling for an Apology
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Hearn’s legal team welcomed the government’s request but said prosecutors should never have brought the case before obtaining complete information about the renovation.
His attorneys accused the government of rushing to judgment, damaging Hearn’s reputation and turning him into a scapegoat for problems caused by the installation.
They have called for a public apology and indicated that Hearn could consider further legal action after the criminal case is formally resolved.
The Interior Department has disputed Pirro’s suggestion that it withheld information, with Secretary Doug Burgum maintaining that the department cooperated with investigators.
Trump Publicly Disagreed With Pirro’s Decision
President Donald Trump criticized the move to dismiss the charge after prosecutors filed their motion. Trump wrote that he disagreed “100%” with Pirro’s conclusion and continued to argue that vandals were primarily responsible for the damage.
He also shared footage that he said showed people interfering with the pool’s lining. Pirro’s office did not immediately respond publicly to Trump’s criticism. The Justice Department’s position before the court remained that the newly uncovered evidence prevented prosecutors from proving the charge against Hearn beyond a reasonable doubt.
Hearn Competed at Three Summer Olympics
Hearn, 67, represented the United States in canoe slalom at the 1992, 1996 and 2000 Summer Olympics. According to his Team USA profile, his best Olympic result was a ninth-place finish at the 1996 Atlanta Games.
He was also a prominent international whitewater competitor, winning multiple world championship medals during a career that spanned more than two decades.
Hearn’s trial had been scheduled to begin on September 28. The prosecution will not proceed if the judge grants the Justice Department’s motion to dismiss.