Olympian seeks dismissal after key evidence vanishes

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A felony case brought by U.S. Attorney Jeanine Pirro against a three-time Olympian has been thrown into doubt after defence lawyers claimed the central piece of physical evidence disappeared before they could examine it.

David Hearn, 67, is accused of damaging the newly installed liner at the Lincoln Memorial Reflecting Pool in Washington, D.C. But his legal team now argues the prosecution has undermined its own case by failing to preserve the alleged crime scene.

Defence Finds Alleged Crime Scene Gone

Hearn was indicted on July 2 on a single felony count of destruction of property after prosecutors alleged he tore up around two square feet of the Reflecting Pool's liner with his bare hands on June 19. He has pleaded not guilty.

On July 16, defence lawyers were granted access to the drained pool, accompanied by Assistant U.S. Attorney Kevin Reddington, who identified the exact location where Hearn allegedly caused the damage. According to a sworn declaration filed the same day, the entire section of liner had already been removed.

Prosecutors Face Fresh Questions

At the announcement of the indictment, Pirro said National Park employees witnessed Hearn "forcefully and violently" pulling up the liner with both hands. She rejected suggestions the material may already have been damaged before Hearn arrived, insisting he was responsible.

Hearn has consistently maintained he merely touched a loose section of liner that had already detached and immediately let go when instructed by a park employee.

Photos Become the New Battleground

The defence says photographs submitted by the government in support of a search warrant, along with an image taken by Hearn before he touched the liner, show identical damage existed beforehand.

Lawyers argue those images directly support Hearn's account and raise serious questions over whether any new damage occurred at all.

Dismissal Bid Raises Stakes

The defence also alleges prosecutors ignored a July 8 request to preserve all physical evidence. Instead, they claim the government fenced off the pool and resumed repair work, removing the very material at the centre of the case.

In a motion filed before Judge Todd Edelman on July 16, Hearn's lawyers argue the loss of the evidence has irreparably damaged his ability to mount a defence. They contend dismissal of the felony charge is now the only appropriate remedy.

Reflecting Pool vandalism case faces dismissal as prosecutor's evidence 'missing'