David Hearn, a former U.S. Olympian, appeared with his attorney Norman Eisen after pleading not guilty at a court proceeding in Washington, D.C. The federal government’s vandalism case against Hearn and three others was dismissed last week. They were accused of damaging the Lincoln Memorial Reflecting Pool. However, Superior Court Judge Todd Edelman has yet to decide if the case could be reopened.
Eisen stated, “We feel strongly this case should be dismissed for once and for all.” Hearn’s legal team wants the charge dismissed “with prejudice” to prevent future refile. Prosecutors sought a dismissal “without prejudice,” which would allow for a potential future refile.
“From day one, the case against Mr. Hearn was motivated by political considerations,” stated Hearn’s lawyers in a 28-page motion.
Federal prosecutors moved for dismissal, but President Trump criticized the U.S. attorney, Jeanine Pirro, accusing her of being lenient. Trump’s statements contradict Pirro’s filing, which attributed the pool’s damage to “botched installation.”
In a recent interview, Hearn described his ordeal as “Kafkaesque” and “Orwellian.” The situation has affected him deeply, both mentally and emotionally. Representing the U.S. in three Olympic Games, Hearn expressed concern for the nation’s resilience during these events.
Hearn shared appreciation for the support from his lawyers, family, and friends. The case has gained attention, turning the reflecting pool into a symbol of opposition to the Trump administration. Eisen added, “If it can happen to Davey, it could happen to you or me or anyone.”
While on a National Mall bike ride, Hearn stopped to inspect the Reflecting Pool. He was curious about reports of its renovation issues. “There’s an engineering, scientific curiosity,” he explained. Hearn has been involved in waterproofing for years.
Hearn maintains that he merely picked a paint fragment from the pool before getting arrested. Accusations of damaging a national monument are offensive to him, especially as a long-time volunteer with the National Park Service.
Hearn’s trial date was initially set for late September, with potential 10-year imprisonment on a felony charge of property destruction. Charges were dismissed on July 31.
Continued Legal Proceedings
The U.S. Attorney’s Office cited records indicating the pool’s damage was due to faulty installation, not vandalism. However, Pirro initially claimed Hearn intentionally caused harm. She later admitted the Department of the Interior withheld vital evidence. Eisen remarked that proof was provided soon after Hearn’s court appearance.
Hearn’s lawyers want the case dismissed with prejudice to avoid potential harassment. If the dismissal isn’t granted, they urge a review of grand jury materials.
“The grand-jury record is essential to assess whether the felony indictment was obtained without adequate evidence,” argued Hearn’s legal team.
Hearn is optimistic about the upcoming status hearing, thanks to his strong legal team and judicial support. “I feel very well-equipped to contest this,” Hearn said, expressing faith in the legal system.