A Washington, D.C., judge dismissed a felony case on August 6 against former Olympian canoeist David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool’s lining in June. The dismissal followed prosecutors’ admission that evidence suggested poor installation by the primary contractor, AIC, rather than vandalism caused the damage.
Judge Todd Edelman granted the government’s motion to dismiss the indictment but delayed a decision on whether the charges could be refiled, ordering prosecutors to address the defendant’s request for a permanent dismissal. Hearn’s attorney sought assurances that the case was dismissed with prejudice, meaning it could not be reopened.
The U.S. Attorney’s Office for Washington, D.C., led by Jeanine Pirro, moved to drop the charges after reviewing findings from the Department of the Interior, which indicated the damage likely resulted from a "rushed and botched installation" by AIC. Prosecutors concluded they could not establish a case beyond a reasonable doubt, as the widespread damage was inconsistent with isolated vandalism.
Fencing around the Reflecting Pool remains in place despite the dismissal, with no immediate timeline for its removal. The pool was drained in late July for repairs, and access has been restricted since the incident was initially reported.
Hearn, 67, faced felony destruction of property charges after the pool’s liner was allegedly slashed and chemicals dumped into the water. His arraignment in July drew public attention, with Hearn accompanied by his legal team. The case’s dismissal hinged on new evidence contradicting the vandalism narrative, though the judge has not yet ruled on whether the dismissal is permanent.
Prosecutors have been given 15 days to file a reply addressing the defense’s request for a with-prejudice dismissal. A hearing will be scheduled once all submissions are reviewed. The U.S. Attorney’s Office has not responded to requests for further comment.