The Justice Department on Friday signaled it will abandon its criminal prosecution of former Olympic canoeist David Hearn, who was accused of tearing up the newly installed liner of the Lincoln Memorial Reflecting Pool. In a new court filing, federal prosecutors said the damage was the result of a “rushed and botched installation” rather than intentional destruction.
U.S. Attorney Jeanine Pirro’s office, which brought the felony destruction-of-property charge earlier this month, now says newly uncovered documents show the contractor responsible for the lining work faced repeated setbacks and cut corners to finish the job. The filing details how rainy and windy weather, failed sealing tests on expansion joints, and delays in receiving necessary materials pushed the project behind schedule.
“The rush to complete the project led to hasty and botched work that was not remediated before the project was finished and the fencing removed,” prosecutors wrote. They added that it is now “difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”
The decision to dismiss the charge still requires approval from the judge overseeing the case. Hearn, a three-time Olympian, had pleaded not guilty and maintained his innocence from the start. His legal team had previously challenged the indictment, citing grand jury flaws, and had pointed to potential installation defects.
According to the new filing, the government now acknowledges that some of the damage occurred in areas unlikely to be the result of human tampering. A National Park Service engineer had flagged peeling in the liner days before Hearn’s arrest, but prosecutors insist they were unaware of the broader problems until after charges were filed.
The case has drawn attention amid the administration’s broader push to refurbish Washington, D.C., landmarks ahead of the nation’s 250th anniversary. The Reflecting Pool project was one of several infrastructure upgrades overseen by the Interior Department and carried out by Atlantic Industrial Coatings, which held a multimillion-dollar contract for the work.
Prosecutors now point to the contractor’s performance as a key factor, noting that the installation was “barebones” in its initial reporting about the incident. They also acknowledged that the Interior Department’s first account of the damage was incomplete, which may have contributed to the premature arrest.
The Justice Department’s reversal is a significant development in a case that had become a flashpoint for critics who saw the prosecution as overreach. It also raises questions about how federal agencies handle damage assessments on high-profile public works projects. The Hill has reached out to Hearn’s attorneys and Atlantic Industrial Coatings for comment, but neither had responded by press time.
