Judge Dismisses Vandalism Case Against Former Olympian David Hearn

<p>A judge on Thursday permanently dismissed the Lincoln Memorial Reflecting Pool vandalism case against former Olympian David Hearn, who was accused of damaging the $14 million renovation project in June.</p><p>D.C. Superior Court Judge Todd Edelman’s ruling concludes a monthslong legal battle that included President Donald Trump criticizing U.S. Attorney Jeanine Pirro after she moved to voluntarily dismiss the federal charges in late July.</p><p>Unlike Pirro’s decision, Thursday’s ruling was made with prejudice, meaning the Department of Justice (DOJ) cannot refile the same charges against Hearn.</p><p>Edelman rejected prosecutors’ request to preserve the possibility of recharging Hearn if new evidence surfaced, finding that existing investigative findings were sufficient to show the damage stemmed from a flawed renovation job.</p><p>In his ruling, Edelman stated, "In the exceptional circumstances posed by this case, the government has no right to retain the ability to compound the errors it has already made, or even to threaten to do so, at Mr. Hearn’s expense. This case must be dismissed with prejudice, and the government must thus be barred from reinstituting this charge against Mr. Hearn."</p><p>Hearn’s counsel described the decision as a victory for "an innocent American seeking justice." They stated, "This case never should have been brought in the first place. This was a miscarriage of justice, and what happened to Mr. Hearn is an outrage that should shock every American. This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted."</p><p>Hearn was arrested on June 19 and later indicted on one felony count of destruction of property for allegedly damaging the Lincoln Memorial Reflecting Pool’s lining. Prosecutors alleged that Hearn was seen grabbing and tugging on a loose section of the pool’s coating, reportedly causing about $1,000 in damage, and that he continued to do so even after National Park Service employees urged him to stop.</p><p>The DOJ moved to dismiss the indictment after evidence from the Department of the Interior revealed that the damage was caused by a "rushed and botched" installation by contractor Atlantic Industrial Coatings ahead of the America 250 celebrations, according to court filings. The documents indicated that Hearn touched peeling perimeter "overspray" material that was already peeling and had minimal economic value.</p><p>Hearn subsequently requested that the case be dismissed with prejudice, permanently barring the government from refiling the charges.</p>