Attorney for Former Olympic Canoeist Seeks Permanent Dismissal of Reflecting Pool Case Amid Government Accountability Concerns
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Lawyers for former Olympic canoeist David Hearn are asking a D.C. court to permanently dismiss a felony charge over damage to the Lincoln Memorial Reflecting Pool, exposing how overzealous prosecution and bureaucratic mismanagement can target law-abiding citizens.
Attorneys representing former Olympic canoeist David "Davey" Hearn have filed a motion in D.C. Superior Court seeking to permanently dismiss the felony charge related to alleged damage to the Lincoln Memorial Reflecting Pool, and to ensure the case cannot be refiled. The defense contends that the prosecution was driven by political motives and lacked a solid factual foundation, pointing to Interior Department documents that reveal the real cause of the damage was a rushed and poorly executed government installation—not Hearn’s actions.
Hearn was arrested in June after he touched material that had only recently been installed on the pool bottom, yet he quickly became the target of aggressive prosecution. U.S. Attorney for the District of Columbia Jeanine Pirro insisted that Hearn was responsible for over $1,000 in damage, resulting in a grand-jury indictment. However, when it became clear that the damage stemmed from government incompetence, Pirro’s office moved to dismiss the charge against Hearn and also sought to drop related misdemeanor charges against three others.
"By moving to dismiss, the U.S. Attorney’s Office did the right thing," said Steve Levin, an attorney for Hearn, emphasizing the importance of correcting government overreach.
Hearn’s legal team is now requesting dismissal with prejudice, which would prevent the government from pursuing the same charge again. They cite statements from a National Park Service engineer confirming that the liner had been cut to stop further peeling, further undermining the prosecution’s case. The attorneys also criticized a press conference held by Pirro, calling it a breach of professional ethics and an attempt to publicly shame Hearn before the facts were known.
The case remains pending in D.C. Superior Court, with a scheduled hearing cancelled while the judge considers the motion. This case highlights the dangers of government overreach and the need for accountability when innocent citizens are targeted by flawed prosecutions.