A witness in the case against former Olympic canoeist Davey Hearn testified that the Lincoln Memorial reflecting pool was already damaged and would have required repairs regardless of his alleged actions, according to a court filing released Monday.
Witness testimony challenges prosecution
Hearn's lawyers requested access to all grand jury testimony that led to his indictment, pointing to “irregularities” in those proceedings. They also asked prosecutors to disclose the legal instructions given to grand jurors about the elements of the criminal charge.
“The grand jury transcripts disclosed to the defense thus far contain other irregularities that reflect a misleading presentation to the grand jury and a need for review of the entire grand jury record in this matter,” Hearn’s attorneys wrote.
Hearn pleads not guilty to felony charge
Hearn pleaded not guilty in July to one felony count of property destruction, a charge that could result in a 10-year prison sentence and a $1,000 fine. His trial is scheduled to start on 28 September in Washington DC superior court.
In the filing, Hearn’s legal team questioned whether prosecutors properly presented the grand jury with adequate evidence to support the amount of damage alleged in the indictment. A National Park Service (NPS) official testified that the pool already was damaged before Hearn allegedly touched it, couldn't quantify any damage attributable to the accused, and said the same repairs would have been required regardless.
“The witness’s testimony established that the pool had substantial preexisting 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.”
Hearn's account and pool's history
Hearn previously told NBC News that “the condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there.” The shallow reflecting pool’s condition before the US’s semiquincentennial celebrations on 4 July became a contentious partisan political issue after Donald Trump initiated a $16m renovation that involved lining the pool with a specialized blue paint. However, the fix for leaks and algae blooms didn’t work as planned; the liner started separating and the pool turned green again after aeration machines were turned off for a UFC fight on the White House lawn.
Trump blamed vandals for the failures, and three people – including Hearn – were hit with misdemeanor charges for either taking or trying to take pieces of the blue liner. Hearn, 67, competed in three Summer Olympics. He told the Associated Press that he was detained for five hours after stopping by the pool during a bike ride on 19 June. He said he reached into the pool and briefly touched a chunk attached to the side but obeyed a park worker who told him to let go.
Cost and grand jury concerns
According to Hearn’s lawyers, the NPS witness – unnamed in Monday’s filing – said the cost to repair the pool would have been $6,000 to $15,000 based on pre-existing damage. “Simply put, the government’s witness could not identify any additional cost caused by Mr Hearn’s alleged conduct,” the defense team wrote. “Indeed, the witness did not even say or suggest that the alleged conduct had compromised the liner at all.”
The lawyers questioned whether Hearn’s felony indictment had been “lawfully returned,” noting the grand jury may not have been properly instructed that the charge required over $1,000 in damages when testimony failed to establish any damage. “The grand jury’s indictment of Mr Hearn is hard to explain,” they wrote. “Mr Hearn needs to learn whether the grand jury was properly instructed that the charge required him to have caused over $1,000 in damages, when the testimony failed to establish that he caused any damage at all. So does this Court.”
The US attorney’s office did not immediately respond to a request for comment. Meanwhile, during a speech in Michigan, Trump claimed a “sick” person cut the liner and said the pool was “in the hospital now, but it’s going to get better very soon.”
