David Hearn, a three-time Olympic canoeist, is pushing back against a felony vandalism charge tied to the Lincoln Memorial Reflecting Pool, demanding a judge release the complete grand jury record. His legal team argues that irregularities in the closed-door proceedings undermine the indictment’s validity.
Hearn, 67, pleaded not guilty earlier this month after a grand jury indicted him on a single count of destruction of property, a felony under D.C. law. U.S. Attorney for the District of Columbia Jeanine Pirro alleges Hearn “forcefully and violently” tore two square feet of recently installed sealant from the pool’s bottom in June, citing witness accounts. But Hearn denies the claim, telling NBC News that “the condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there.”
In a Monday court filing, Hearn’s attorneys argued that prosecutors relied on a single National Park Service witness who testified the pool already had significant preexisting damage—including a liner tear and leaks—before Hearn’s alleged actions. The witness also stated the same repairs would have been necessary regardless of Hearn’s involvement and could not pinpoint costs specifically tied to him. This, the defense contends, raises doubts about whether the grand jury had sufficient evidence to meet the $1,000 damage threshold required for a felony charge.
“That testimony raises a substantial question whether the grand jury had legally sufficient evidence of the loss element necessary to support the indictment and whether the grand jury was properly instructed on that element,” the attorneys wrote.
The defense also flagged other procedural concerns, including prosecutors’ failure to present a photograph showing the pool’s condition before Hearn touched it. Instead, they relied on “hearsay” testimony, according to the filing. “Other irregularities in the government’s presentation of the evidence to the grand jury further call into question whether the grand jury was misled in a manner that substantially influenced the decision to indict and prejudiced Mr. Hearn,” the attorneys added.
The case has drawn broader scrutiny amid ongoing debates over the pool’s maintenance. The Lincoln Memorial Reflecting Pool underwent a $14.6 million renovation, but its liner has since faded to gray due to algae and wear, as detailed in recent reports on the pool's condition. Meanwhile, Representative Jamie Raskin has defended Hearn, calling the charges “trumped-up” in a statement of support for the former Olympian.
Pirro’s office did not respond to requests for comment. Hearn’s trial is set for September 28 in D.C. Superior Court. If convicted, he faces up to 10 years in prison.
