A former Olympian accused of damaging the Lincoln Memorial Reflecting Pool has requested full access to the grand jury testimony that led to his indictment. David Hearn, facing charges of property destruction, is questioning the integrity of the grand jury proceedings.
Hearn’s legal team filed a request for a complete transcript of the grand jury proceedings. They also seek to review the legal instructions provided to the grand jurors about Hearn’s alleged crime. Earlier this month, Hearn entered a not guilty plea. His trial is set for September 28 in D.C. Superior Court. The property destruction charge could lead to a maximum prison sentence of 10 years. Prosecutors allege Hearn caused damages exceeding $1,000 to the pool. However, his lawyers are skeptical about the evidence presented regarding the damage amount.
A National Park Service official testified that the pool was already damaged before Hearn’s alleged actions. The official stated they couldn’t specify damage caused by Hearn and that the repairs were necessary before any alleged conduct. Hearn’s defense argues, “The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn. Things like leaking over a million gallons of water weekly and worn-out expansion joints were already issues.”
Defense attorneys are basing their arguments on a limited review of the grand jury testimony. They seek court-ordered access to all related proceedings. A spokesperson for U.S. Attorney Jeanine Pirro’s office did not immediately comment on these requests.
Previously, Hearn’s legal team filed a motion to dismiss the case, arguing that the government’s failure to maintain critical evidence from the Reflecting Pool undermines the case. The controversy traces back to a renovation project linked to President Donald Trump. Critics argue the problems result from poor repair work. During a speech in Michigan, Trump claimed someone deliberately damaged the pool, stating repairs are underway.
Hearn believes his prosecution is a politically motivated attempt by the Trump administration to deflect responsibility. He described being detained by National Guard troops and Park Police for five hours during a bike ride in June. Hearn noted he examined the pool’s coating and claimed its condition had worsened independently.
Hearn, 67, hails from Bethesda, Maryland. He competed in three Summer Olympics, achieving his best result in the 1996 Atlanta Games by placing ninth. The U.S. Olympic and Paralympic Committee confirms his records. Three others have faced misdemeanor charges for removing paint pieces from the pool.
Associated Press writer Darlene Superville contributed to this report.