Olympian fights to stop DOJ reviving Reflecting Pool case after charge

Olympian fights to stop DOJ reviving Reflecting Pool case after charges dropped

Lawyers seek permanent dismissal

The former Olympian accused of damaging the Lincoln Memorial Reflecting Pool is asking a federal judge to permanently dismiss the case, warning that the Trump administration could attempt to revive the prosecution in the future.

Attorneys for David Hearn have urged the court to dismiss the felony vandalism charge "with prejudice," preventing prosecutors from refiling the case later. The Justice Department last week asked for the charge to be dismissed "without prejudice," leaving open the possibility of future legal action.

Defence cites Trump's criticism

Hearn's legal team argues that recent public criticism from President Donald Trump and Interior Secretary Doug Burgum raises concerns that political pressure could lead to the case being reopened.

In court filings, the defence claimed the Justice Department had shown a willingness to pursue or reinstate criminal charges to satisfy political demands, rather than solely on the evidence.

The lawyers also asked the court to release grand jury records, arguing they may reveal how prosecutors presented the case.

Prosecutors reversed course

The Justice Department unexpectedly dropped the felony charge against Hearn, along with misdemeanor cases against three other defendants accused of damaging the Reflecting Pool.

Prosecutors said new evidence suggested much of the damage resulted from a faulty repair job rather than deliberate vandalism.

The decision followed reports questioning whether peeling inside the pool had been caused by installation failures rather than criminal activity.

Defence alleges flawed investigation

Hearn's lawyers argue investigators overlooked evidence from the beginning showing the liner was already failing before their client entered the Reflecting Pool.

According to the filing, a government witness told the grand jury that repairs would have been required regardless of Hearn's alleged actions and initially could not identify additional damage caused by him.

The defence alleges prosecutors later recalled the witness and obtained revised testimony supporting the felony charge.

Lawyers are now asking the judge to review grand jury material to determine whether jurors received a complete and accurate account of the evidence.

Questions over damage assessment

The defence also disputes the government's timeline, claiming prosecutors had access to engineering reports documenting widespread defects before filing charges.

Court documents state that a damage assessment described the area where Hearn was seen as only a "possible result of vandalism" rather than confirmed damage caused by criminal activity.

The filing further alleges investigators photographed similar deterioration across other parts of the Reflecting Pool before the indictment was issued.

Judge to decide next step

A federal judge must now decide whether to dismiss the case permanently or allow prosecutors the option of bringing charges again in the future.

If the court refuses the request for a dismissal with prejudice, Hearn's lawyers want access to grand jury records they believe could support claims that the prosecution was based on incomplete or misleading evidence.

The case, which became a political flashpoint after President Trump criticised the Justice Department's decision to abandon the prosecution, is due to return to court for a status hearing in September.

SOURCE