Defense argues pre-existing damage to Lincoln Memorial pool undermines vandalism charge
Lawyers for former Olympic canoeist Davey Hearn say a National Park Service witness testified that the Lincoln Memorial reflecting pool was already damaged before the alleged incident, calling into question the felony indictment.
A National Park Service witness testified that the Lincoln Memorial reflecting pool’s liner was already compromised before former Olympic canoeist David “Davey” Hearn allegedly touched it, suggesting that any repairs would have been needed regardless of his actions.
Hearn’s attorneys filed a court document requesting the full grand-jury record and the legal instructions given to jurors, arguing that the indictment contains “irregularities” and may have been based on misleading evidence.
The defense highlighted the witness’s statement that the pool was leaking more than one million gallons of water per week, that its expansion joints had exceeded their service life, and that the liner already had a rip. The witness estimated repair costs at $6,000 to $15,000, noting no additional damage could be linked to Hearn.
Hearn, who pleaded not guilty to a felony count of property destruction that carries up to a ten-year sentence and a $1,000 fine, is scheduled for trial on September 28. He told NBC News that the pool’s condition was unchanged after he briefly touched a piece of the liner at the direction of a park worker.
Prosecutors have not commented on the new defense claims. The case follows earlier controversy over a $16 million renovation of the pool, which President Donald Trump criticized after the new blue liner began to separate.