WASHINGTON (AP) 鈥� The Justice Department moved Friday to dismiss a criminal case charging a former Olympian with deliberately damaging , saying evidence prosecutors had recently received refuted the idea that vandals were to blame.
Government lawyers said in a 20-page court filing that additional documents provided by the Interior Department since the indictment of David Hearn show that the damage was the result of a botched installation by a contractor as well as 鈥渢he rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026.鈥� In addition, a recent visual inspection revealed damage throughout the pool, including in the middle 鈥� where prosecutors say a vandal would not likely attempt to peel the lining.
鈥淕iven all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,鈥� said the filing from U.S. Attorney Jeanine Pirro.
Hearn’s lawyers said in a statement that the case against him should never have been brought.
鈥淚ts dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government鈥檚 approach was ready, fire, aim. The administration owes Mr. Hearn an apology,鈥� the lawyers said.
The dismissal marks an embarrassing setback for a Justice Department that had billed the prosecution as a measure of accountability for damage at a Washington landmark discovered in the lead-up to Fourth of July festivities in the nation’s capital. But the case has long been saddled with evidentiary problems and challenges, with Hearn and his supporters characterizing the prosecution as a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.
Earlier this week, Hearn’s lawyers sought access to because of what they said were 鈥渋rregularities鈥� in the process. They said a National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn鈥檛 quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct.
鈥淭he witness鈥檚 testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn,鈥� his lawyers wrote. 鈥淎ccording to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip.鈥�
earlier this month to one felony count of property destruction and had a trial scheduled to start Sept. 28 in D.C. Superior Court. The charge, which carries a maximum prison sentence of 10 years upon conviction, accused Hearn of causing at least $1,000 in damage to the pool.
In court papers Friday, prosecutors said they had only recently received new information that undermines the basis for the prosecution.
鈥淚t was not until after these documents were produced that (prosecutors) first became aware of information showing that the damage was the result of a botched installation and not vandalism as initially represented鈥� by the Interior Department. Prosecutors could 鈥渙nly rely,鈥� they wrote, on the initial information suggesting that the damage was caused by vandals.
Hearn has he was detained by for five hours after stopping by the pool during a bike ride on June 19. He said he reached in to examine the pool鈥檚 newly peeled coating and briefly touched a chunk attached to the side of the pool, but said he obeyed a park worker who told him to let go of it.
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the U.S. Olympic and Paralympic Committee says on its website.
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