David Hearn Reflecting Pool filing challenges felony damage claim
A court filing says the damage witness in David Hearn’s Reflecting Pool case testified repairs were already needed before his alleged conduct.
By Sal Moretti · Money Reporter
3 min read
The David Hearn Reflecting Pool case now has a sharper fight at its center: whether prosecutors can prove the former Olympic canoeist caused more than $1,000 in damage to the Lincoln Memorial Reflecting Pool.
Lawyers for David “Davey” Hearn said in a Monday court filing that a key grand jury witness conceded the area was already damaged and would have needed repairs before Hearn allegedly put his hands in the water, according to NBC News.
Hearn was indicted this month on a destruction of property charge tied to alleged damage to the liner of the long, shallow pool near the Washington Monument. He has pleaded not guilty, NBC News reported.
The filing argues that the witness, who was not identified, was the only grand jury witness to testify about damage. According to Hearn’s lawyers, that witness said repair work would have been required because of existing damage in the area.
What is David Hearn accused of doing?
Prosecutors have accused Hearn of damaging the liner of the Lincoln Memorial Reflecting Pool and causing more than $1,000 in damage, according to NBC News. That dollar amount matters because Hearn’s lawyers say it is the threshold for the more serious charge he faces.
Hearn previously told NBC News that the condition of the pool after he left the water was the same as before he arrived. His lawyers are now pressing the court over whether the grand jury had enough evidence to return a felony indictment.
According to the defense filing, the witness estimated repairs would have cost $6,000 to $15,000 based on damage that was already present. Hearn’s attorneys said the witness could not identify any added repair cost caused by Hearn’s alleged conduct.
The defense also said the witness did not say or suggest that Hearn’s alleged actions compromised the liner. Hearn’s lawyers wrote that the testimony showed the pool already had “substantial preexisting damage requiring repair” before anything allegedly done by Hearn.
The filing also questions whether grand jurors were properly instructed on what prosecutors needed to prove. Hearn’s attorneys wrote that the issue bears on whether the felony indictment was lawfully returned.
The U.S. Attorney’s Office for the District of Columbia did not immediately respond to NBC News’ request for comment on the filing. The office handles federal and local cases in Washington and is led by Jeanine Pirro, a former judge and Fox News host.
NBC News reported that President Donald Trump blamed vandals for problems at the Reflecting Pool after announcing a plan to coat the bottom in “American flag blue” ahead of America’s 250th birthday. The project had setbacks, the cost rose beyond Trump’s initial estimates, and the coating began to come up after the pool was refilled as algae spread through the water, according to NBC News.
At least three other people also face misdemeanor charges connected to incidents at the Reflecting Pool, NBC News reported.
When NBC News asked Pirro this month how prosecutors would prove Hearn caused more than $1,000 in damage given existing damage at the pool, she answered: “With an expert. Come to the trial.”
This story draws on original reporting from NBC News.