The Justice Department is moving to dismiss its criminal case against Olympic athlete David Hearn after new evidence indicated the damage at the Lincoln Memorial Reflecting Pool was caused by construction problems, not vandalism.
In a court filing Friday, U.S. Attorney for the District of Columbia Jeanine Pirro said documents recently provided by the Department of the Interior showed the damage stemmed from a "botched installation" of the pool's new liner.
Hearn had pleaded not guilty earlier this month after a grand jury indicted him on one count of destruction of property. Prosecutors alleged he caused more than $1,000 in damage by pulling up part of the newly installed blue liner, relying on information provided by the Department of the Interior and the U.S. Park Police.
Pirro said newly disclosed records significantly changed the government's understanding of what happened.
"Because these recently-produced materials significantly undermine the evidentiary basis for the indictment initially supplied by the DOI and U.S. Park Police, the USAO-DC respectfully moves to dismiss the indictment without prejudice," she wrote.
The records show the installation project ran into problems almost immediately. Pirro said work fell behind because of "very rainy and windy weather, repeated failures of testing on the sealing of the expansion joints, and delays in obtaining sealing product at the worksite."
She also said the push to finish the project before the America 250 celebrations in July contributed to the problems.
"The rush to complete the project led to hasty and botched work that was not remediated before the project was finished and the fencing removed," Pirro wrote.
Hearn's attorney, Norm Eisen, argued the case should never have been filed.
"Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong," Eisen wrote in a statement on X. "The administration owes Mr. Hearn an apology."
The Reflecting Pool restoration was one of President Donald Trump's Washington beautification priorities this year. But the more than $16 million project quickly drew attention after it reopened, with sections of the new blue liner peeling away and algae turning the water green.
Trump pushed back on the Justice Department's conclusion Saturday, saying he disagreed "100%" with Pirro's assessment.
