D.C. Judge Criticizes DOJ Handling of Reflecting Pool Vandalism Case
Judge Todd Edelman warned U.S. Attorney Jeanine Pirro that the Justice Department’s approach to the case against former Olympian David Hearn could jeopardize the prosecution.
A federal judge in Washington, D.C., rebuked the Justice Department on Monday for its handling of a case accusing former Olympic canoeist David Hearn of vandalizing the Lincoln Memorial Reflecting Pool. Judge Todd E. Edelman, appointed by former President Obama, told U.S. Attorney for the District of Columbia Jeanine Pirro that the administration’s strategy was "operating at its own peril."
The case stems from a $16 million renovation project that aimed to change the pool’s water color, a plan that later resulted in an algal bloom and a damaged pool liner. Prosecutors allege Hearn "forcefully and violently" removed sections of the liner, while Hearn’s lawyers argue that key evidence may have been compromised after the government began additional repairs and drainage.
Hearn, who competed in three Olympic Games, has pleaded not guilty to a single count of destruction of property. He told NBC News that he was detained for five hours after briefly touching a detached piece of the liner out of curiosity.
Judge Edelman denied the defense’s motion to dismiss the indictment but instructed prosecutors to clarify the current status of the pool’s repairs and to preserve any remaining evidence. He set a trial date for September 28 and cautioned the government against further work on the site until the evidentiary issues are resolved. The judge described the dismissal request as "premature" but allowed the defense to file a revised motion later.
Edelman also noted that prosecutors do not control the ongoing renovations and that any prejudice to the case remains uncertain, though he warned that mishandling could undermine the prosecution’s chances.