A federal judge has dismissed the criminal case accusing former U.S. Olympian David Hearn of damaging the Lincoln Memorial Reflecting Pool, according to an order filed on Thursday by Associate Judge Todd Edelman. Hearn, a 67-year-old former Olympic canoeist from Bethesda, Maryland, who competed in three Summer Olympics and finished ninth at the 1996 Atlanta Olympic Games, had pleaded not guilty to one felony count of property destruction.
Judge Dismisses Criminal Case Against Former Olympian
The Justice Department moved to drop the case after prosecutors acknowledged that newly received evidence refuted claims that vandals were responsible for the destruction. Government lawyers stated in a 20-page court filing that additional documents provided by the Interior Department showed the damage stemmed from a botched installation by a contractor alongside a rush to finish the $15 million project before America 250 celebration events around Independence Day 2026. A recent visual inspection also revealed widespread damage throughout the pool, including in the middle where prosecutors noted a vandal would not likely have attempted to peel the lining.
Legal Battle Over Permanent Dismissal
While Associate Judge Todd Edelman granted in part the Department of Justice’s request to dismiss the case, he held off on deciding whether to grant the dismissal with prejudice. Such a ruling would permanently block the government from reintroducing future charges against Hearn for the same alleged crime. Edelman established a filing schedule and planned to schedule a hearing for oral arguments after receiving all submissions from both parties.
U.S. Attorney Jeanine Pirro had initially sought to dismiss the charges without prejudice, which would have left Hearn vulnerable to a future indictment. In response, attorneys for David Hearn filed a motion in D.C. Superior Court arguing that the prosecution was politically motivated and lacked adequate factual support from the start. Defense lawyers asserted that the Justice Department demonstrated a willingness to seek or reinstate criminal charges to satisfy the president regardless of the facts.
Background on the Reflecting Pool Arrest and Investigation
The case began after the Trump administration renovated the reflecting pool at a cost of about $15 million. Shortly after its completion, an overgrowth of algae turned the water green, and pieces of blue lining began floating to the surface. Government prosecutors previously accused Hearn of forcefully and violently ripping up parts of the pool floor during a bike ride, claiming they could prove beyond a reasonable doubt that he caused at least $1,000 in damages. A grand jury indicted him on felony charges on July 2.
Hearn maintained his innocence, explaining that he had stopped to see the pool, reached in to examine a newly peeled coating, and briefly touched a chunk attached to the side before obeying a park worker who told him to let go. Witnesses and defense filings further noted that the pool was leaking more than one million gallons of water per week, its expansion joints had exceeded their service life, and the liner already contained a rip. Government prosecutors also moved to dismiss three misdemeanor vandalism charges against other individuals arrested at the site.
Political Fallout and Presidential Criticism
The decision to drop the prosecution created political friction for the administration. President Donald Trump criticized U.S. Attorney Jeanine Pirro publicly, stating that he was disappointed and that she choked and folded like an umbrella. Trump continued to push allegations that vandals caused the pool’s condition. Hearn’s legal team referenced the president’s public comments and attacks from the secretary of the interior against Pirro in their court filings, arguing that these exceptional facts and circumstances warrant a permanent dismissal with prejudice.
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