Federal prosecutors have moved to dismiss criminal charges against former Olympic athlete David Hearn, who was accused of intentionally damaging the Lincoln Memorial Reflecting Pool. In a 20-page court filing submitted in D.C. Superior Court, U.S. Attorney Jeanine Pirro asked a judge to dismiss the single felony count of property destruction against Hearn.
New Evidence Emerges
According to government lawyers, documents recently provided by the Department of the Interior indicate that the pool’s damage resulted from a botched installation by a contractor, driven by a rush to finish the project ahead of America 250 anniversary events near Independence Day. Prosecutors also noted that a recent visual inspection revealed widespread damage throughout the pool, including central areas unlikely to have been reached by a vandal.
Hearn, a 67-year-old Bethesda, Maryland resident who represented the United States in three Summer Olympics, was arrested after an incident on June 19. Hearn stated he was riding his bicycle near the pool when he stopped to examine its newly peeled coating and briefly touched a piece attached to the structure. He said he immediately let go when asked to do so by a park worker, but was subsequently detained for five hours by U.S. Park Police and National Guard troops.
Defense Response
Defense attorneys had previously challenged the prosecution in court filings earlier in the week, pointing to grand jury testimony from a National Park Service official. According to defense submissions, the official testified that the pool was already leaking over one million gallons of water per week, had degraded expansion joints, and possessed pre-existing tears in its liner prior to Hearn’s interaction with it.
Following Friday’s filing, legal representatives for Hearn released a statement criticizing the initial decision to file charges. “Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong,” Hearn’s lawyers said. “The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”
Original reporting: Tampa Free Press — read the source article.