Former Olympic canoeist David Hearn is exploring a range of potential legal remedies following the sudden decision by prosecutors to abandon the case against him. Hearn, 67, had been charged with a felony count of property destruction in connection with damage to the Lincoln Memorial reflecting pool, an allegation he consistently denied. His attorney, Steven Levin, stated that all options remain on the table, including the possibility of civil suits, bar referrals for the involved prosecutors, requests for government investigations, and claims for the reimbursement of legal fees and expenses.
The legal trouble began on 19 June when Hearn was arrested and faced a charge that carried a potential 10-year prison sentence and a $1,000 fine. The incident occurred after the Trump administration invested $14 million into a project to change the color of the reflecting pool. Shortly after the work was completed, the new liner began to peel, leading the president to blame vandals. Although four individuals were arrested, Hearn was the only one to face a felony charge.
In a 20-page court filing submitted to the Washington DC superior court last Friday, prosecutors moved to dismiss the charge, acknowledging that the damage to the pool liner was actually the result of flawed installation by a contractor. Washington DC’s US attorney, Jeanine Pirro, noted that her office received documents from the federal department of the interior after the indictment was filed. These records revealed that the project had been rushed to meet deadlines for the US semiquincentennial celebrations on the Fourth of July, resulting in repeated failures of the lining.
The dismissal sparked internal friction within the Trump administration. President Trump publicly criticized Pirro, suggesting she had folded under pressure, and insisted that vandalism was to blame for the pool's issues. Despite the president's stance, Hearn’s legal team maintains that the case should never have been initiated. Hearn told the Associated Press that he had been detained by the national guard and US park police for five hours after stopping by the reflecting pool during a bike ride. He acknowledged that he briefly touched a part on the liner attached to the side and told NBC News the pool’s condition “was the same after I stepped away from the water as it was before I got there”.
Hearn’s attorneys are currently petitioning the court to dismiss the case "with prejudice" to ensure the government cannot refile the charges. They have also called on prosecutors to disclose the legal instructions they gave to grand jurors about the elements of the criminal charge handed up against him. Attorney Norm Eisen emphasized that the team intends to hold the government accountable for what they describe as a miscarriage of justice.
