- David Hearn, an Olympic canoeist, is seeking to permanently dismiss the Reflecting Pool case, arguing that the Justice Department was aware of the case's flaws.
- Hearn's lawyers claim the Justice Department knew or should have known for weeks that the case against him was flawed and that he bore no responsibility for the damage to the Reflecting Pool.
- U.S. Attorney Jeanine Pirro filed a 20-page document stating that new evidence showed Hearn was not responsible for the damage to the pool's lining.
- Pirro's office attributed the damage to a botched installation by a contractor and a rush to complete the project before the America 250 celebration.
- Hearn's legal team argues that the evidence showed the pool liner was already failing and that he did not cause the alleged damage.
- The defense claims that the government disregarded readily available evidence that the liner was already failing due to installation flaws.
- Hearn's attorneys criticized the government's decision to indict him, stating it was made without a meaningful investigation into whether he could have caused any damage.
David Hearn, a former Olympic canoeist, is fighting to dismiss charges of damaging the Lincoln Memorial Reflecting Pool, asserting that the Justice Department was aware of the case's flaws. His lawyers argue that the indictment was politically motivated and lacked adequate evidence.12
Hearn's legal team contends that the government acted without a meaningful investigation, stating, “Felony charges, including a possible 10-year prison sentence, were brought without a meaningful investigation into the central and obvious question in this case: whether Mr. Hearn caused, or even could have caused, any damage to the Reflecting Pool.”6
U.S. Attorney Jeanine Pirro recently moved to dismiss the case, citing new evidence from the Interior Department that indicated Hearn was not responsible for the damage. Instead, the damage was attributed to a “botched installation by a contractor” and the rush to complete renovations for the America 250 celebration.4
Hearn's attorneys argue that the government disregarded evidence showing the pool's liner was already failing due to installation flaws. They noted that the poor condition of the pool was “plainly visible” and documented through various media.
The case remains active in D.C. Superior Court, with a judge yet to rule on whether to permanently bar Pirro's office from reviving the charges. Hearn's team seeks a dismissal with prejudice to prevent future prosecution.
“By moving to dismiss, the U.S. Attorney’s Office did the right thing,” said attorney Steve Levin, “But as our response makes clear, it did so the wrong way.”
“Pirro's office dropped the case without prejudice, leaving the door open to revive it, and no ruling has been issued on defense requests for a permanent bar. They also cited a National Park Service engineer who cut loose peeling liner with a knife and a $14.7 million no-bid repair contract for the pool.”
WTOP
