The US Department of Justice has asked a judge to dismiss the criminal case against Olympian David Hearn over alleged damage to the Lincoln Memorial Reflecting Pool, after it concluded the harm stemmed from problems in the renovation installation work.
The department said the damage “was the result of flawed installation by the contractor”, in a court filing seeking to drop the charge. Hearn had earlier pleaded not guilty to a felony destruction of property allegation.
Charges Against Hearn
Hearn entered his plea earlier this month after the US attorney’s office for the District of Columbia, led by Jeanine Pirro, accused him of allegedly forcefully and violently ripping up parts of the pool floor.
In a Friday filing asking for the case to be dismissed, Pirro’s office said it became aware of evidence suggesting a rushed and flawed installation process only after Hearn had been indicted by a grand jury.
Pirro’s office said it had visited the Reflecting Pool on July 17, after the water had been fully drained. It stated she found significant damage across the pool area, prompting the DOJ to request further information from the US Interior Department.
Contractor Report Cited
Documents provided to the prosecutor’s office, according to the filing, indicated installation flaws by Atlantic Industrial Coatings. The filing said the contractor experienced repeated failures of the lining during installation and that extensive peeling of the lining was visible throughout the Reflecting Pool.
It also said the work had been rushed to complete the renovation project ahead of the America 250 celebration on July 4.
The filing added that the newly produced materials “significantly undermine the evidentiary basis for the indictment initially supplied” by the DOI and the US Park Police. The USAO-DC therefore moved to dismiss the indictment without prejudice, a legal step that can allow prosecutors to bring the case again.
A judge had not yet set a date for a decision on the motion, and the US attorney’s office declined to comment.
Defence Response And Renovation Background
Attorneys for Hearn said the case should never have been brought. In a statement on Friday, Norm Eisen, Mary Dohrmann and Steve Levin said the dismissal “does not erase the abuse of government power” in arresting and charging “a patriotic American who did nothing wrong”, adding that the government had taken a “ready, fire, aim” approach. They said the administration owed Hearn an apology.
The Reflecting Pool renovation had been billed as a signature project to beautify Washington, DC, under President Donald Trump. The pool had been plagued with algae and peeling paint since the $16 million renovation was completed.
Federal contracting records show Atlantic Industrial Coatings was paid more than $14.6 million to resurface the pool. The company was awarded the work after a no-bid process, in part to help the project finish in time for July 4.
Last month, Atlantic Industrial Coatings acknowledged that some areas in the Reflecting Pool required repairs. The company did not immediately respond to a request for comment about the DOJ’s conclusions regarding the damage.
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1 August 2026
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