The Justice Department has moved to dismiss criminal charges against former Olympian David Hearn, who was accused of deliberately damaging the Lincoln Memorial Reflecting Pool. Government lawyers stated in a court filing Friday that recently acquired evidence refutes the notion that vandalism was responsible for the damage.
According to the 20-page filing from U.S. Attorney Jeanine Pirro, additional documents provided by the Interior Department indicate that the damage resulted from a "botched installation by a contractor." The filing also cited the "rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026." A recent visual inspection revealed damage throughout the pool, including areas where prosecutors had suggested a vandal would not have tampered.
"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," the filing stated. Prosecutors argued that they could only rely on initial information suggesting vandalism, as the information pointing to contractor error was only recently received.
Hearn's lawyers welcomed the move, asserting that the case 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," their statement read. "The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology."
The Justice Department's decision marks a setback for a prosecution that was presented as an effort to ensure accountability for damage at a prominent Washington landmark. The renovation project was part of efforts leading up to the country's 250th anniversary celebrations. Former President Donald Trump had previously suggested, without providing evidence, that vandals caused the damage.
The case had faced significant evidentiary challenges. Hearn had maintained his innocence, and his supporters characterized the prosecution as a politically motivated attempt to deflect blame. Earlier in the week, Hearn's legal team sought access to grand jury transcripts due to alleged "irregularities." Their filings noted testimony from a National Park Service official who stated the pool was already damaged before Hearn's alleged involvement and that the same repairs would have been necessary regardless of his actions.
"The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn," Hearn's lawyers wrote. "According to the witness, 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 contained a rip."
Hearn, a 67-year-old former Olympian who competed in three Summer Games, pleaded not guilty to one felony count of property destruction. He was charged with causing at least $1,000 in damage to the pool, a charge that carried a maximum prison sentence of 10 years. His trial had been scheduled to begin September 28 in D.C. Superior Court.
Hearn told The Associated Press that he was detained for five hours by National Guard troops and U.S. Park Police after stopping by the pool during a bike ride on June 19. He stated he reached in to examine the pool's newly peeled coating and briefly touched a piece attached to the side, but complied when a park worker told him to let go.