WASHINGTON (AP) – The U.S. Justice Department faced criticism for pursuing its case against former Olympian David Hearn, who was charged with intentionally damaging the Lincoln Memorial Reflecting Pool. Hearn’s defense lawyers argued that the case was fundamentally flawed, asserting that the department had been aware of this for several weeks prior to their indictment.
U.S. Attorney Jeanine Pirro announced the dismissal of the indictment against Hearn on a Friday, fortifying her position with a 20-page filing that incorporated new evidence from the Interior Department. This evidence indicated that Hearn was not responsible for the damage to the pool's lining. Instead, the office revealed that the issues stemmed from poor installation work conducted by a contractor, compounded by the urgency to complete the project ahead of events connected to the America 250 celebrations around July 4, as ordered by former President Donald Trump.
Hearn's defense team has since called for a permanent dismissal of the case, voicing concerns over Pirro's assertion that prosecutors had just recently discovered the flaws in the contracting work. They argued that evidence suggesting the pool's liner was already deteriorating had been visible for weeks and extensively documented through various media, including photographs and news reports.
The defense highlighted that Atlantic Industrial Coatings, the Virginia-based contractor responsible for the pool renovations, had already acknowledged the need for repairs on segments of the project prior to Hearn's indictment. The company was awarded a $14.7 million no-bid contract intended to repaint and waterproof the concrete floor of the reflecting pool.
As the situation unfolded, a spokesperson from Pirro's office did not respond to requests for a comment. Meanwhile, Trump reacted to Pirro's decision to drop the charges, expressing disappointment and stating that she “choked” and “folded like an umbrella.” He met with Pirro shortly after her announcement and reiterated his dissatisfaction with the idea that damage to the Reflecting Pool was a result of poor construction rather than vandalism. Interior Secretary Doug Burgum supported Trump's claims, asserting that the pool had indeed been damaged by vandals.
The dismissal of charges against Hearn was described as an embarrassing misstep for the Justice Department, marking a rare occasion of a political appointee openly contradicting Trump's narrative during his second term in office. In detailing his account, Hearn stated that he had been on a bike ride on June 19 when he decided to investigate the pool's damaged coating, briefly touching a piece that came off the side of the pool. However, he complied with instructions from a park worker to let go of it.
Hearn's legal representatives emphasized in their filings that felony charges were initiated without a substantial investigation into whether Hearn could have caused any damage to the Reflecting Pool. They criticized the government for rushing to indict Hearn before assessing the necessary information to justify the charges, describing the indictment as a defiance of decency and common sense.
