Federal prosecutors have moved to dismiss criminal charges against former U.S. Olympian David Hearn after concluding that damage to the Lincoln Memorial Reflecting Pool was caused by a flawed renovation rather than vandalism.
The Justice Department filed a motion Friday asking a federal judge to dismiss the felony case, acknowledging that peeling and deterioration at the recently renovated pool stemmed from “flawed installation by the contractor” and not from Hearn’s actions. The reversal follows the discovery of Interior Department records showing the project had experienced significant installation problems before Hearn was accused of damaging the site.
Hearn, a former Olympic canoeist, was charged last month after surveillance footage showed him stopping at the Reflecting Pool and touching sections of the blue liner that had begun peeling away. Prosecutors initially alleged he intentionally damaged the newly renovated surface, a felony offense carrying a potential prison sentence.
According to court filings, however, federal prosecutors later learned that contractor records documented widespread failures in the installation process. The Justice Department also said key information about the renovation problems was not provided before the indictment was returned.
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The Reflecting Pool renovation became a high-profile project after the Trump administration ordered a makeover ahead of the America 250 celebrations. Soon after reopening, however, visitors documented algae blooms, bubbling surfaces and peeling liner, prompting questions about the quality of the work.
Hearn has maintained that he merely touched material that was already separating from the surface and did not cause any damage. His attorneys have called on the government to apologize, arguing he was wrongfully prosecuted based on incomplete information.
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