Criminal Case Against Former Olympian Dropped by US Justice Department
WASHINGTON — The Justice Department moved Friday to dismiss a criminal case against former Olympian David Hearn, who had been charged with deliberately damaging the Lincoln Memorial Reflecting Pool, after newly obtained evidence showed the damage was caused by a contractor’s botched installation rather than vandalism.
In a 20-page court filing, prosecutors said additional documents from the Interior Department revealed the damage resulted from “the rush to complete the project prior to events associated with the America 250 celebration.” A recent visual inspection also showed damage throughout the pool, including in areas where a vandal would not likely have attempted to peel the lining.
“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” said the filing from US Attorney Jeanine Pirro.
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics and had pleaded not guilty earlier this month to one felony count of property destruction. His lawyers said the case against him should never have been brought. “The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology,” they said in a statement.
The dismissal marks an embarrassing setback for a Justice Department that had billed the prosecution as a measure of accountability for damage discovered before Fourth of July festivities. The case had long been saddled with evidentiary problems, with Hearn and his supporters characterizing it as a politically motivated attempt to scapegoat others.
Earlier this week, Hearn’s lawyers sought access to grand jury transcripts, citing irregularities in the process. A National Park Service official testified that the pool already had substantial preexisting damage before Hearn allegedly touched it. According to the lawyers’ filing, the witness said the pool was leaking more than one million gallons of water per week and the liner already contained a rip. Hearn had told The Associated Press he briefly touched the pool’s newly peeled coating but obeyed a park worker who told him to let go.
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