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Judge dismisses Reflecting Pool case against Olympian David Hearn

Aug. 6 (UPI) — A D.C. judge has dismissed the Lincoln Reflecting Pool vandalism case against U.S. Olympian David Hearn, according to court documents filed Thursday afternoon.

A grand jury charged Hearn with one felony count of destruction of property early last month, alleging that the 67-year-old willfully ripped up a piece of recently installed blue pool sealant from the Lincoln Reflecting Pool, which President Donald Trump had recently ordered renovated.

The alleged incident involving Hearn occurred June 19 as videos were posted online showing its surface green with algae and blue paint seemingly peeling from the bottom of the pool. Trump claimed vandalism and vowed those responsible would be held to account.

In his order filed Thursday afternoon, Associate Judge Todd Edelman dismissed the case but allowed litigation to continue over whether the dismissal should be with or without prejudice.

On July 31, U.S. Attorney Jeanine Pirro for the District of Columbia filed a motion to dismiss the case without prejudice, stating that the Department of Interior had provided “less than fulsome information at the outset of this case” that led prosecutors to charge Hearn. After he was charged, the DOI provided documents that “strongly suggest that a rushed and botched installation by AIC, the primary contractor, led to the damage to the lining of the reflecting pool.”

On Aug. 5, Hearn’s lawyers agreed the case should be dismissed but argued that the dismissal should be with prejudice.

“David Hearn is innocent and today’s dismissal reflects that simple fact,” Hearn’s counsel Norm Eisen of Democracy Defenders Fund, Mary Dohrmann of Washington Litigation Group and Steve Levin of Steptoe LLP said in a joint statement Thursday.

“The Department of Justice’s decision to seek an indictment was a miscarriage of justice.”

They said they intend to “vigorously advocate” for the case to be dismissed with prejudice to prevent the government from bringing the case again.

“All other legal options also remain on the table,” they said.

Trump maintains that vandalism was the cause of damage to the reflecting pool, despite the admission by his own Department of Interior. After Pirro filed for dismissal, Trump criticized her online, leading to speculation that the former Fox News host may be the next woman he fires.

“I disagree 100% with Jeanine Pirro,” he said online.

“I don’t know what she was thinking? To me, it was a pure case of VANDALISM,” he said, before referring to alleged vandalism to grass near the reflecting pool. “There may have been some contractor difficulty, but the major damage was caused by VANDALS!”

Trump had ordered the Reflecting Pool be painted “American flag blue” ahead of celebrations marking the United States’ 250th birthday. But within days of the $15 million work being completed on June 6, the pool began experiencing issues, from algae blooms to blue coating peeling off the bottom.

Hearn is a three-time Olympia, having competed in the Barcelona games of 1992, the Atlanta games of 1996 and the Sydney games of 2000. He is a former canoe slalom athlete.

Chair of the Senate Homeland Security and Governmental Affairs Committee Rand Paul, R-Ky., speaks during a hearing at the U.S. Capitol on Thursday. The committee voted along party lines to hold Dr. Anthony Fauci in contempt of Congress after he invoked his Fifth Amendment right 111 times during a subpoenaed hearing on the pandemic response. Paul argues the Fifth Amendment does not apply due to a prior presidential pardon. Photo by Bonnie Cash/UPI | License Photo

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Former Olympian pleads not guilty in Reflecting Pool damage case after Trump alleged vandalism

A former Olympic canoe racer pleaded not guilty on Thursday to deliberately damaging the recently renovated Lincoln Memorial Reflecting Pool, a politically charged case that his defense attorneys and other Trump administration critics have derided as an abuse of prosecutorial power.

David Hearn, who competed in three Summer Olympics, entered the plea through one of his attorneys during his initial appearance in Washington, D.C. Superior Court. Hearn, 67, of Bethesda, Md., was indicted last Thursday on a single felony count of property destruction.

In front of a packed courtroom, D.C. Superior Court Judge Carmen McLean did not require Hearn to be supervised by the court while he is free awaiting a trial. A status hearing was scheduled for Aug. 5.

Prosecutor Kevin Reddington said the government wasn’t seeking any court supervision for Hearn, but just a “ stay-away order” without specifying in court where it wanted to keep Hearn away from.

Mary Dohrmann, one of Hearn’s attorneys, urged the judge not to impose any conditions of court supervision, calling Hearn an “upstanding citizen and member of the community.”

“The government’s evidence is weak,” she added.

Dozens of supporters, many carrying homemade signs, gathered outside the courthouse and waited for Hearn to leave after the hearing.

President Trump ordered a multimillion-dollar renovation of the Reflecting Pool ahead of the nation’s 250th anniversary this month, but the project has been plagued with problems. Workers have used chemicals to curtail an algae bloom. Trump has said the pool likely would need to be drained again for liner repairs after chunks of blue coating were seen floating at the surface.

Trump has claimed without substantiation that vandals dumped fertilizer into the pool and slashed the coating with a box cutter. U.S. Atty. Jeanine Pirro, the top federal prosecutor for the District of Columbia, said last week that six other people were arrested on misdemeanor charges related to the $16 million pool project.

Hearn’s attorneys have said the charges against him are based on a “concocted narrative” and “should be alarming to every American.”

“This indictment reflects the administration’s effort to shift blame for their own failures,” the lawyers said in a statement. “The justice system exists to determine facts, not to provide political cover.”

Hearn previously told the Associated Press that he was detained by National Guard troops and U.S. Park Police for five hours after stopping by the pool during a 64-mile bike ride on June 19. He said he reached in to examine newly peeled coating and briefly touched a chunk attached to the side of the pool, but obeyed a park worker who told him to let go of it.

Pirro accused Hearn of causing more than $1,000 in damage by ripping up recently installed sealant from the pool and acting belligerently toward an employee who told him to stop.

Kunzelman writes for the Associated Press.

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Former Olympian indicted on felony charge over alleged Reflecting Pool vandalism

A former Olympian was indicted Thursday on a felony charge in what President Trump has called vandalism of the Lincoln Memorial Reflecting Pool, where a renovation project he launched has been riddled with problems.

David Hearn, a former Olympic canoe racer, was indicted on a single count of property destruction in a Washington, D.C. court.

District of Columbia U.S. Atty. Jeanine Pirro said Hearn ripped up recently installed sealant on the pool in “a deliberate act” that caused more than $1,000 in damage. She accused him of “forcefully and violently” pulling up the bottom liner “with both hands” and acting belligerently toward an employee who told him to stop.

“This is a case with tremendous evidence,” she said, adding that authorities have made about six other misdemeanor arrests.

In a statement, Democracy Defenders Fund co-founder Norm Eisen and Mary Dohrmann, senior counsel at Washington Litigation Group, said that they represented Hearn and that the charges were “outrageous and should be alarming to every American.” Eisen and Dohrmann construed the case as representative of “the misuse of government power against an ordinary citizen based on a concocted narrative.”

Hearn didn’t immediately return a phone call seeking comment. He previously told the Associated Press that he reached into the pool on June 19 to examine the newly peeled coating. He said he briefly touched a chunk that was still attached to the side of the pool, then let go shortly after a park worker told him to.

“I’m a curious citizen,” Hearn said in a telephone interview last month. “I reached down to see what it felt like. It was very rubbery.”

Hearn, 67, of Bethesda, Md., owned a company that made composite materials used to build watercraft.

Saying that he stopped by the pool during a 64-mile bike ride, Hearn said he was detained by National Guard troops and U.S. Park Police for five hours before being released.

Trump said last month that federal authorities made “multiple arrests” of people he accused of vandalizing the Reflecting Pool as he struggled to explain why the $16-million rehabilitation project he launched for the nation’s 250th anniversary seemingly backfired. Without providing any substantiation, he also said vandals dumped fertilizer into the pool and slashed the coating with a box cutter.

In subsequent days, National Guard members and the park police patrolled the deck around the Reflecting Pool as Trump’s administration faced a self-imposed deadline to fix a botched renovation before the nation’s 250th anniversary celebration. Contractors and federal workers used chemicals and ozone nanobubbles to combat an algae bloom, and Trump has said that the problems probably require draining the pool again for liner repairs.

Whitehurst and Kinnard write for the Associated Press. Kinnard reported from Columbia, S.C.

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Former Olympian arrested for alleged damage to Reflecting Pool

June 20 (UPI) — A former Olympian who was riding his bike near the Lincoln Monument Reflecting Pool was arrested after he stopped to look at the paint peeling off of its bottom.

President Donald Trump has blamed algae blooms and paint peeling off the bottom of the pool on vandalism and sabotage, The Washington Post, WUSA9 and WBNS reported that the paint has been seen peeling and floating to the top of the water for days.

David Hearn, a resident of Bethesda, Md., was arrested on Friday for damaging public property after reaching into the water to touch the peeling paint.

In several interviews, Hearn said that he went to look at the pool, the condition of which he’d read about in news reports.

Reporters at WUSA9 said they had witnessed people pulling paint off the pool during the last couple of days, including at least one that used kitchen tongs.

“I didn’t vandalize anything,” said Hearn, who posted a picture of the peeling paint he was looking at on social media after he was released by police.

Weeks after the Trump administration’s $13 million refurbishment effort on the pool ahead of the United States’ 250th birthday, algae could be seen growing throughout the pool, turning it green.

Park service officials added chemicals to kill the algae, but the next day, pieces of the paint applied to the bottom of the pool started floating to the top of the water.

When Hearn approached the pool, he said that he saw part of the paint peeling off the bottom of the pool and floating up, leaned down to touch it and then was suddenly being arrested.

“I reached in there, and I was able to grab the end of that flapping piece, the already peeling piece,” he said. “It was attached to the bottom. I didn’t remove anything.”

Emily Miller, a conservative journalist, posted video on X that showed Hearn near the pool, and then walking away from it before he was arrested for damaging public property.

Trump later in the afternoon said in a post on Truth Social that multiple people have been arrested for vandalizing the pool and that “work will begin immediately on its repair.”

“The United States Park Police have arrested multiple individuals for vandalizing our Nations magnificent Reflecting Pool,” Trump said in the post.

“Who would do such a thing?” he said. “These are very serious crimes having to the do with the destruction of National Monuments. Years in jail!”

Hearn, who competed in three Olympics in the canoe slalom and won two world championship in whitewater racing, is due in court on July 9.

President Donald Trump presents a Medal of Honor to Tom Ripley on behalf of his father, John W. Ripley, during a Medal of Honor award ceremony in the East Room of the White House on Thursday. Photo by Aaron Schwartz/UPI | License Photo

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