Lawyers for former U.S. Olympian David Hearn have asked a D.C. Superior Court to dismiss his felony indictment over alleged damage to the Lincoln Memorial Reflecting Pool with prejudice, which would bar refiling. U.S. Attorney Jeanine Pirro previously sought dismissal without prejudice, while prosecutors originally said damage exceeded $1,000 and a grand jury indicted Hearn on July 2. Pirro says installation failures—not vandalism—may explain much of the damage and that Interior officials misled prosecutors; Hearn’s team calls the case politically motivated. A judge has not yet ruled and a scheduled hearing was canceled.
Ex-Olympian David Hearn Seeks Dismissal With Prejudice Of Reflecting Pool Vandalism Indictment
A view of the drained Lincoln Memorial Reflecting Pool is shown July 28 in Washington, D.C. Attorneys for David Hearn, the former Olympian indicted for allegedly vandalizing the pool, have filed a motion seeking to have the charges permanently dismissed. Photo by Jemal Countess/UPI
Attorneys for former U.S. Olympian David Hearn have filed a motion in D.C. Superior Court asking a judge to dismiss his felony indictment for allegedly vandalizing the Lincoln Memorial Reflecting Pool with prejudice, a move that would bar prosecutors from refiling the same charge.
Defense Says Case Is Politically Motivated
The filing, submitted Tuesday, argues the prosecution is driven by political concerns and lacked sufficient factual support from the outset. Hearn’s lawyers contend the Justice Department has shown a willingness to seek or reinstate criminal charges to satisfy political demands rather than the law.
"From day one, the case against Mr. Hearn was motivated by political concerns and devoid of adequate factual support," the defense wrote. They also urged the court to bar any future attempts to re-indict their client.
Prosecutors, U.S. Attorney Action And The Renovation
Earlier, U.S. Attorney Jeanine Pirro moved to dismiss the charges last Friday but asked the court to do so without prejudice, which would have left the door open for refiling. Prosecutors originally accused Hearn of "forcefully and violently" tearing parts of the pool floor and said they could prove damage of at least $1,000. A grand jury returned a felony indictment on July 2.
The reflecting pool underwent a roughly $15 million renovation this year. Shortly after completion, the pool developed an algae overgrowth that turned the water green and caused pieces of the blue liner to surface. Hearn says he was bicycling past, reached in to touch a loose piece of liner and was arrested at the scene.
Former Olympian David Hearn, center, departs the Moultrie Courthouse on July 9with his attorneys, Norm Eisen and Mary Dohrmann, after pleading not guilty to damaging the Lincoln Memorial Reflecting Pool in Washington, D.C. Hearn's attorneys have filed a motion seeking to have the charges against Hearn dismissed with prejudice. Photo by Bonnie Cash/UPI
Installation Problems, Allegations Of Misleading Information
In seeking to drop the case, Pirro said much of the damage appeared to stem from a rushed or "botched" installation and that the Department of the Interior had led prosecutors to believe vandals caused nearly all the harm. Government lawyers also moved to dismiss three misdemeanor vandalism counts against other people detained at the pool.
President Donald Trump publicly criticized Pirro’s decision, saying he was disappointed and accusing her of having "choked". Hearn’s lawyers referenced those public comments in their motion as further evidence of political pressure on the prosecution.
A judge has not yet ruled on the defense motion. A hearing that had been scheduled for Thursday was canceled.
Photo: David Hearn leaving the Moultrie Courthouse on July 9 with attorneys Norm Eisen and Mary Dohrmann after pleading not guilty. (Bonnie Cash/UPI)
Help us improve.
