Hearn Seeks Permanent Dismissal of 10-Year Reflecting Pool Case After DOJ Drops Charges
Updated
Updated · WTOP · Aug 4
Hearn Seeks Permanent Dismissal of 10-Year Reflecting Pool Case After DOJ Drops Charges
3 articles · Updated · WTOP · Aug 4
Summary
A 28-page defense motion filed Tuesday asked a D.C. judge to permanently dismiss the case against former Olympian David Hearn, blocking any attempt to refile charges that carried up to 10 years in prison.
Defense lawyers said prosecutors knew or should have known for weeks that Hearn did not damage the Lincoln Memorial Reflecting Pool, arguing the liner was already failing and that photos, video and news reports had documented visible defects.
The filing follows the Justice Department's Friday move to drop the indictment after newly produced Interior Department evidence tied the damage to a botched installation and a rush to finish work before America 250 events around July 4.
Hearn's lawyers also attacked the investigation itself, saying a key eyewitness never appeared before the grand jury and a damages witness said repairs would have been needed regardless of Hearn's conduct.
The dispute has become a political embarrassment for the Trump administration: Trump said Jeanine Pirro "choked" by dropping the case, while Interior Secretary Doug Burgum has continued to blame vandalism.