A judge dismissed a federal vandalism case last week against former U.S. Olympian David Hearn and three other individuals related to alleged damage at the Lincoln Memorial Reflecting Pool. However, a legal dispute remains over whether the dismissal will be "with prejudice," which would permanently close the case, or "without prejudice," which would allow prosecutors to refile charges in the future. Hearn’s attorneys filed a 28-page motion last week requesting a permanent dismissal, arguing the original indictment was motivated by political pressure and lacked factual support.
The case follows a renovation of the Reflecting Pool that faced technical issues, including algae growth and a peeling lining. Internal Department of the Interior records cited by U.S. Attorney Jeanine Pirro indicated that the damage was the result of a "botched installation" rather than vandalism. Despite this, President Trump has continued to state that vandals damaged the pool's coating, specifically naming Hearn in social media posts.
Hearn, a 67-year-old Maryland resident and former Olympic canoeist, was arrested on June 19 after plucking a piece of floating paint from the pool during a group bike ride. He was indicted on July 2 on a felony count of destruction of property worth $1,000 or more. Hearn, who has volunteered for the National Park Service for 20 years, maintains he acted out of "scientific curiosity" regarding the renovation's failure and has denied all allegations of wrongdoing.
For Hearn, a permanent dismissal would end a period of significant personal stress and the threat of a multi-year prison sentence. He had previously been scheduled for a trial in late September. A dismissal with prejudice would prevent the government from utilizing further legal maneuvers to reopen the case, providing a definitive end to a process Hearn described as a test of national institutions. Conversely, a dismissal without prejudice would leave the defendants in a state of legal uncertainty, as they could be re-indicted if prosecutors decide to pursue the charges again.
The case also sets a precedent regarding the handling of evidence between federal agencies, as prosecutors blamed the Department of the Interior for withholding records that initially led to the charges. The outcome may influence how the Department of Justice and the National Park Service coordinate during future investigations of property damage on the National Mall. A status hearing is scheduled for September to determine the finality of the dismissal.
Prosecutors have shifted their stance, previously claiming Hearn willfully destroyed property before later citing installation errors as the cause of the damage. Defense attorney Norm Eisen stated that the team is reviewing all legal remedies. Superior Court Judge Todd Edelman is expected to rule on the nature of the dismissal following the upcoming hearing.