A former Olympian charged with deliberately damaging the Lincoln Memorial Reflecting Pool is seeking access to closed-door testimony that led to his indictment, his legal team announced Monday. David Hearn's attorneys are requesting a court order for the government to provide a full transcript of all grand jury proceedings and to disclose the legal instructions given to the jurors regarding the elements of the alleged crime.
Hearn pleaded not guilty earlier this month to one felony count of property destruction. The charge accuses him of causing at least $1,000 in damage to the pool, with a maximum prison sentence of 10 years upon conviction. His trial is scheduled to begin Sept. 28 in D.C. Superior Court.
Defense attorneys are questioning whether prosecutors presented adequate evidence to the grand jury to support the alleged damage amount. According to their limited review of grand jury testimony, a National Park Service official testified that the pool had substantial pre-existing damage requiring repair before Hearn's alleged actions. This witness reportedly could not quantify any damage specifically attributable to Hearn and stated that the same repairs would have been necessary regardless of his conduct. The witness noted that 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 had a rip.
Hearn's prosecution stems from a multimillion-dollar renovation project championed by President Donald Trump. The defense previously asked the court to dismiss the case, arguing the government failed to properly preserve important physical evidence from the pool. Trump has claimed vandals damaged the pool, while critics attribute the issues to subpar repair work.
Hearn told The Associated Press that National Guard troops and U.S. Park Police detained him for five hours on June 19 after he stopped by the pool during a bike ride. He stated he reached in to examine the pool’s newly peeled coating and briefly touched a detached piece of material on the side, but complied when a park worker instructed him to let go.
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics. At least three other individuals have faced misdemeanor charges in the same court for allegedly removing pieces of paint from the pool.