Judge Drops Federal Vandalism Case Against Former Olympian David Hearn, Legal Fight Continues
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A federal judge dismissed the indictment against former Olympian David Hearn over alleged damage to the Lincoln Memorial Reflecting Pool, but prosecutors may seek to reopen the case, prompting his lawyers to push for a dismissal with prejudice.
A federal judge agreed to dismiss the indictment against former U.S. Olympian David "Davey" Hearn and three co-defendants accused of vandalizing the Lincoln Memorial Reflecting Pool. The dismissal was entered without prejudice, allowing prosecutors the possibility of refiling the case later. Hearn’s attorney, Norm Eisen, told NPR that the defense is seeking a dismissal with prejudice to close the matter permanently, emphasizing that Hearn is innocent and should not face a second trial.
Prosecutors have argued that the case should be dismissed without prejudice, while Hearn’s lawyers contend the original indictment was driven by political considerations and lacked factual support. In a 28-page motion, they cited evidence that the pool’s damage resulted from a botched installation rather than vandalism, referencing a 20-page filing by U.S. Attorney Jeanine Pirro that blamed contractor error.
President Donald Trump has publicly criticized Pirro and reiterated claims that vandals damaged the pool’s lining, despite the attorney’s filing indicating otherwise. Hearn described the experience as "Kafkaesque" and "Orwellian" and said the legal battle has affected his health and view of the nation he once represented in three Olympic Games.
Hearn, a 67-year-old former canoe slalom athlete, was arrested after he allegedly touched a piece of peeling paint on the newly renovated pool during a bike ride on June 19. He has denied the charges, noting his long-standing involvement with the National Park Service as a volunteer. A grand jury had indicted him on a felony count of destruction of property worth $1,000 or more, and he pleaded not guilty.
The U.S. Attorney’s Office now cites Department of the Interior records showing the damage stemmed from installation errors, stating it is difficult to prove vandalism beyond a reasonable doubt. Hearn’s legal team plans to request a status hearing in September and is considering additional remedies, including a review of grand-jury materials, to secure a dismissal with prejudice.