A federal judge has put a hold on the decision to dismiss the criminal case against former Olympian David Hearn, who was accused of vandalizing the Lincoln Memorial Reflecting Pool. Associate Judge Todd Edelman stated on Thursday that he would first hear further arguments from both the Department of Justice and Hearn's legal team before determining if the dismissal should be with prejudice.
A dismissal with prejudice would prevent Hearn from being prosecuted again for the same alleged crime. The judge has established a schedule for legal filings and will convene a hearing for oral arguments once those submissions are complete.
The Justice Department had previously requested the dismissal without prejudice, citing that the damage to the pool "was the result of flawed installation by the contractor." This type of dismissal could still allow for Hearn to be indicted in the future.
In response, Hearn's attorneys filed a motion seeking dismissal with prejudice, arguing that "exceptional facts and circumstances" warranted such a decision. Their filing contended that the government pursued the indictment "before it had obtained or evaluated the information necessary to establish a good-faith basis for the charge" and urged the court not to leave Hearn subject to renewed prosecution.
Hearn, a former U.S. Olympic canoeist, had pleaded not guilty to a felony destruction of property charge. Prosecutors had accused him of "forcefully and violently" damaging the pool floor. The Justice Department's filing noted that they only became aware of evidence pointing to a "rushed and flawed installation process" after Hearn had already been indicted.
President Donald Trump publicly criticized the Justice Department's initial move to drop the case, alleging that Hearn was responsible for the damage and that the prosecution had "choked" and "folded."