A key witness in the criminal case against a former Olympian accused of damaging the Lincoln Memorial Reflecting Pool testified that the landmark had sustained significant damage prior to the alleged incident, according to a court filing submitted this week.
“The testimony failed to establish that he caused any damage at all,” the attorneys wrote in a Monday filing, arguing that the charges against former Olympic canoeist David Hearn, 67, should be dropped.
Hearn’s attorneys argued that the government’s own witness could not establish that Hearn caused any compensable damage, a critical issue because the felony charge requires at least $1,000 in loss. Hearn pleaded not guilty to the charge last month.
According to the filing, the National Park Service witness told the grand jury that the pool was already leaking more than 1 million gallons of water per week. The witness also testified that repairs were necessary to address those preexisting conditions, according to Hearn’s lawyers.
Trending
Prosecutors estimated the repairs would cost between $6,000 and $15,000, but Hearn’s attorneys argued the figure reflected the size of the affected area rather than damage specifically caused by Hearn.
The allegations come after the Trump administration spent more than $14 million on a renovation of the reflecting pool, including work intended to address its longstanding leaks. The project, which Trump has promoted as part of his effort to restore and improve the National Mall ahead of the nation’s 250th anniversary, has faced numerous problems with the new lining and a subsequent, headline-grabbing algae bloom.
At least five people have been arrested and five others have been cited for vandalism related to the reflecting pool. Hearn’s attorneys are now questioning whether the grand jury was given sufficient evidence and properly instructed on how to determine the amount of damage attributable to Hearn.
They are also asking a judge to release the grand jury’s legal instructions and the complete transcript of its proceedings.
Sign up for the NOTUS Metro newsletter for essential coverage of the D.C. region.
Author
