WASHINGTON (AP) — Attorneys for former Olympian David Hearn, who faced charges from the Justice Department for allegedly damaging the Lincoln Memorial Reflecting Pool, are calling for investigations from government watchdogs after the case was abruptly dropped. The Justice Department reversed its decision after discovering that Hearn was not responsible for the damage. This development has prompted Hearn's legal team to express concerns about the integrity of the investigation, citing "incompetence and misconduct" by officials pressured by former President Donald Trump.
In a letter submitted to the inspectors general for the Departments of Justice and Interior, Hearn’s lawyers argue that the actions of government officials were influenced by political motivations. They contend that the investigation was flawed and assert that accountability is necessary to understand how the treatment of their client, as well as the broader justice system, deteriorated to such an extent. They emphasized the importance of collecting facts through witness interviews and the analysis of documents to hold accountable those responsible for the flawed prosecution.
On Thursday, D.C. Superior Court Judge Todd Edelman dismissed the case against Hearn "with prejudice," preventing it from being refiled. The judge noted the "exceptional circumstances" of the case and supported the defense's argument that the government acted hastily by charging Hearn through a rapid indictment process. U.S. Attorney Jeanine Pirro subsequently moved to dismiss the charges based on new evidence which indicated that a contractor’s faulty installation, rather than Hearn, was to blame for the damage to the Reflecting Pool.
Hearn's legal team contends that evidence exonerating their client had been available to the Justice Department for weeks but was ignored prior to charges being filed. They allege that political pressure from Trump, who had launched a renovation project in preparation for the America 250 celebration, played a significant role in the rushed indictment. Trump's remarks suggested dissatisfaction with Pirro’s handling of the case after its dismissal, labelling her actions as "choking" under pressure.
Hearn, age 67, from Bethesda, Maryland, is a three-time Olympic competitor, with his highest finish being ninth in the 1996 Atlanta Games. He described an incident on June 19, during which he touched the pool's newly peeled coating after being instructed to refrain from doing so. Despite complying with a park employee’s request to let go of the coating, he was later arrested and detained for nearly five hours, facing a charge of property destruction, which carries a maximum sentence of ten years in prison.
Hearn's lawyers question the adequacy of evidence presented to the grand jury to substantiate the charges against him and challenge the amount of alleged damage. They assert that certain witnesses’ claims were contradicted by video evidence and criticized the prosecution for failing to disclose exculpatory evidence. They also allege misconduct by Pirro, who reportedly approached a defense expert on-site without counsel present to inquire about their findings, an action they argue is contrary to proper protocol.
The letter sent to the inspectors general also seeks clarity from the Interior Department regarding decisions made about the contractor involved in the renovation and why work continued despite known risks. Additionally, they questioned the involvement of National Guardsmen in Hearn's detention and public statements made by officials that could be considered defamatory, particularly in light of the dismissal of charges against him.
In response to inquiries regarding Hearn's statements, the Interior Department claimed that he admitted to officers that he was tampering with the Reflecting Pool, a point disputed by Hearn’s legal team who clarified that he never used the term "tampering," as he only touched the loose liner of the pool.
