WASHINGTON (AP) — The Justice Department moved Friday to dismiss a criminal case charging a former Olympian with deliberately damaging the Lincoln Memorial Reflecting Pool, saying evidence prosecutors had recently received refuted the idea that vandals were to blame.
Government lawyers said in a 20-page court filing that additional documents provided by the Interior Department since the indictment of David Hearn show that the damage was the result of a botched installation by a contractor as well as “the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.” In addition, a recent visual inspection revealed damage throughout the pool, including in the middle — where prosecutors say a vandal would not likely attempt 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 U.S. Attorney Jeanine Pirro.
Hearn’s lawyers said in a statement that the case against him should never have been brought.
“Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology,” the lawyers said.