Government lawyers have acknowledged that the Lincoln Memorial Reflecting Pool renovation was "hasty and botched," and have dropped the criminal case against former Olympian David Hearn. In a 20-page court filing, US Attorney Jeanine Pirro asked a judge to dismiss the charge, saying additional documents provided by the Interior Department since Hearn's indictment showed the damage was the result of a botched installation by a contractor and "the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026."
"Given 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," the filing said. A recent visual inspection revealed damage throughout the pool, including in the middle, where prosecutors said a vandal would not likely have attempted to peel the lining.
Trump blamed vandals for pool damage
Trump had launched a massive $14 million renovation project for the pool before the country's 250th anniversary celebrations on July 4, with the pool receiving a protective coating the president called "American flag blue." As the colour faded amid the problem-plagued project, Trump, without providing evidence, alleged the damage was caused by vandals. The pool has suffered damaged lining, chronic algae and green-hued water.
Case against former Olympian dismissed
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games. He had pleaded not guilty earlier this month to one felony count of property destruction, with a trial scheduled to start September 28 in DC Superior Court. The charge carried a maximum prison sentence of 10 years and accused Hearn of causing at least $1,000 in damage.
Hearn's lawyers said in a statement that the case against him should never have been brought. "Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government's approach was ready, fire, aim. The administration owes Mr. Hearn an apology," the lawyers said.
Pre-existing damage revealed
Earlier this week, Hearn's lawyers sought access to grand jury transcripts because of what they said were "irregularities" in the process. They said a National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn't quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct.
"The witness's testimony established that the pool had substantial pre-existing damage requiring repair before any alleged conduct by Mr. Hearn," his lawyers wrote. "According 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."
Prosecutors say evidence arrived late
In court papers Friday, prosecutors said they had only recently received new information that undermined the basis for the prosecution. "It 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" by the Interior Department, they wrote. Prosecutors could "only rely" on the initial information suggesting that the damage was caused by vandals.
Hearn said he was detained by National Guard troops and US Park Police for five hours after stopping by the pool during a bike ride on June 19. He said he reached in to examine the pool's 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.
