Jeanine Pirro, the U.S. Attorney for the District of Columbia, has filed a motion to dismiss the indictment against former Olympian David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool in June. In her motion, Pirro stated that the damage was due to flawed installation by the contractor rather than intentional vandalism. Hearn allegedly tore the Reflecting Pool's lining, which had already begun to peel prior to the incident on June 19 that led to his arrest.
Pirro acknowledged the peeling in her motion and criticized the Interior Department for providing insufficient information at the beginning of the case. She indicated that the U.S. government would not have pursued a grand jury indictment had the Interior Department supplied the necessary details earlier. The motion stated that it was only after the indictment that the Department of the Interior provided documents indicating that the damage resulted from a botched installation by Atlantic Industrial Coatings, which was rushed to complete the project before the America 250 celebration.
The Department of Justice met with the National Park Service on July 1 to discuss the Reflecting Pool, which remained filled with water, obscuring the condition of the pool's floor. Hearn had previously pleaded not guilty to one felony count of property destruction, which carries a maximum sentence of 10 years. If the motion to dismiss had not been filed, Hearn was scheduled to go to trial on September 28 in D.C. Superior Court.
Following the renovation, the Reflecting Pool experienced issues, including rapid algae growth and peeling lining. Workers began draining and repairing the pool after the July 4 celebrations to address these problems. The DOJ's motion concluded that recent inspections showed damage throughout the pool, suggesting that it would be unlikely for vandalism to have caused the widespread damage.
Hearn's legal team has requested an apology from the federal government for the initial indictment, stating that the case should not have been pursued and criticizing the government's handling of the situation.