Attorneys for David Hearn, who was accused of vandalizing the Lincoln Memorial Reflecting Pool, have filed a motion in D.C. Superior Court seeking a permanent dismissal of the indictment against him. The filing cites "exceptional facts and circumstances" and argues that the government should not be able to pursue charges again in the future.
This move follows a recent motion by the Justice Department to dismiss the criminal case against Hearn, a former Olympian, acknowledging that the damage to the pool was "the result of flawed installation by the contractor." Hearn's legal team contends that the U.S. Attorney's Office for the District of Columbia rushed to obtain a public felony indictment under significant political pressure, particularly from President Donald Trump, who publicly stated the U.S. Attorney "choked" and "made a mistake" by dismissing the case.
The defense filing asserts that prosecutors proceeded with the indictment before establishing a good-faith basis for the charge. "The Court should not leave the defendant subject to the possibility of renewed prosecution," the filing states.
Hearn had previously pleaded not guilty to a felony destruction of property charge. Prosecutors had accused him of "forcefully and violently" damaging the pool floor.
If the court denies the motion for dismissal with prejudice, Hearn's attorneys have requested that the court either disclose grand jury materials or conduct a review of those materials in chambers before approving the government's motion to dismiss the case without prejudice. A dismissal without prejudice could allow for Hearn to be indicted again in the future.