Judge permanently dismisses Reflecting Pool vandalism case against former Olympian David Hearn

Permanent dismissal of charges

District of Columbia Superior Court Judge Todd Edelman dismissed all criminal charges against 67-year-old former Olympic canoeist David Hearn on Thursday. The ruling dismissed the case with prejudice, which permanently bars federal prosecutors from bringing the charges again. The decision follows a motion in July by the office of US Attorney Jeanine Pirro to drop the case after federal officials concluded the site damage stemmed from flawed construction rather than criminal conduct. Hearn's legal team had requested a dismissal with prejudice to prevent any future politically motivated refiling. Prosecutors had asked the court to leave open the option of a future indictment if new evidence emerged.

The Reflecting Pool incident

The charges originated from an incident on 19 June at the Lincoln Memorial Reflecting Pool. Hearn, a resident of Maryland, was riding his bicycle past the site when he noticed detached pool lining floating in the water. He stopped to examine the lining and touched a piece that was peeling away from the side of the basin. Park staff directed him to release the material, and Hearn complied immediately. Prosecutors subsequently charged him with felony destruction of property, an offense carrying a maximum statutory penalty of 10 years in prison.

Contractor defects and executive pressure

In July, Pirro publicized the felony case during a press conference before her office moved to dismiss the indictment on 31 July. Filings from the US Attorney's office stated that evidence from the Department of the Interior established Hearn was not responsible for the damage. The liner failure was instead attributed to rushed, defective application work by a contractor during a 16 million dollar renovation ahead of the 250th anniversary of the United States. Following the withdrawal of charges, President Donald Trump criticized the decision during an Oval Office appearance on 3 August, stating that Pirro choked and folded like an umbrella. Secretary of the Interior Doug Burgum had also publicly supported claims that the damage resulted from vandalism.

Judicial ruling and defense statements

During court proceedings in September, Edelman questioned the government's justification for retaining the ability to prosecute Hearn. Assistant US Attorney Michael Spence acknowledged that the pool section in question was already damaged and stated there was no active investigation against Hearn. Defense attorney Steve Levin argued that prosecutors had rushed the indictment to satisfy political demands from the White House and misled a grand jury. Defense attorney Norm Eisen welcomed the ruling and criticized the initial decision to pursue charges.

The Court respects the authority of the Office of the United States Attorney to decide which cases to prosecute and which to dismiss. However, in the exceptional circumstances posed by this case, the government has no right to retain the ability to compound the errors it has already made, or even to threaten to do so, at Mr. Hearn's expense.

This case never should have been brought in the first place.