Attorneys for Olympic canoeist David Hearn have requested investigations from the internal watchdogs at the Justice and Interior departments regarding the circumstances of his arrest, indictment, and the subsequent dismissal of the case, as stated in a letter reviewed by CBS News. Hearn was accused of vandalizing the Lincoln Memorial Reflecting Pool and was indicted on a felony charge of destruction of government property. However, U.S. Attorney Jeanine Pirro later dismissed the case, citing new information indicating that the damage was caused by a contractor's improper installation rather than vandalism.
Hearn's attorneys claim that the actions of various employees from the Department of Justice (DOJ) and the Department of the Interior (DOI) deprived him of his liberty and subjected him to an unjust indictment, which could have led to a 10-year prison sentence, as well as damage to his reputation. They have called for a thorough investigation by DOJ Inspector General Don Berthiaume and DOI Inspector General Caryl Brzymialkiewicz, asserting that anything less would betray the mission of these agencies.
Hearn was detained for five hours on June 19 after touching the water of the Reflecting Pool during a bike ride. His attorneys noted that he was not read his Miranda rights during this time and only learned of the misdemeanor charges through citations found in a bag after his release. A grand jury later indicted him on July 2 for felony charges.
Despite a request from Hearn's legal team to preserve evidence, the government fenced off the Reflecting Pool area and repaired the liner in question. Pirro moved to dismiss the case by the end of July, citing delays in the production of materials by the Interior Department that undermined the case's evidentiary basis. Hearn's attorneys criticized the indictment process as rushed and influenced by political pressure.
A Superior Court Judge ruled on October 1 that the case must be dismissed with prejudice, preventing future prosecution. The judge expressed concerns that any future charges could be influenced by political motivations related to Hearn's views. The letter from Hearn's attorneys also alleges that prosecutors had exculpatory evidence before seeking the indictment and that Pirro improperly questioned a defense expert without notifying the defense.
Additionally, they accused Pirro of violating professional conduct rules by publicly discussing the case and suggested that the sole grand jury witness may have been recalled to create a damages estimate to support the felony charge. Hearn's attorneys criticized Pirro's statements regarding the indictment for going beyond the facts and implying guilt.