Ex-Olympian David Hearn seeks permanent dismissal of reflecting pool vandalism charges

Aug. 5 (UPI) — Attorneys for David Hearn, the former U.S. Olympian accused by the Trump administration of vandalizing the Lincoln Memorial Reflecting Pool, have filed a motion to have his felony indictment dismissed with prejudice.

This would mean that the government could not reintroduce future charges on the same alleged crime. When U.S. Attorney Jeanine Pirro filed a motion to dismiss the charges against Hearn on Friday, she sought to do so without prejudice, meaning that Hearn could be indicted again in the future.

Hearn’s attorneys said in the motion, filed Tuesday in D.C. Superior Court, that the prosecution of their client was “politically motivated.”

“From day one, the case against Mr. Hearn was motivated by political concerns and devoid of adequate factual support,” they wrote. Further, the Justice Department “has repeatedly demonstrated its willingness to seek or reinstate criminal charges to satisfy the president, irrespective of the law orf acts,” they said.

The Trump administration renovated the reflecting pool at a cost of about $15 million this year. Not long after its completion, an overgrowth of algae turned the water green, and pieces of the blue lining started to float to the surface. Hearn, who had stopped to see the pool during a bike ride, said that he had reached in to touch a piece when he was arrested.

The government had accused Hearn of allegedly “forcefully and violently” ripping up parts of the pool floor, with Pirro saying that she could prove beyond reasonable doubt that he caused at least $1,000 in damages. A grand jury indicted him on felony charges July 2.

However, Pirro, in moving to drop the charges against Hearn, said that the damage was caused by a rushed and “botched” installation” and that she was misled by the Department of the Interior into believing “nearly all of the damage” was done by vandals. Government prosecutors also moved to dismiss three misdemeanor charges of vandalism against other people arrested at the pool.

President Donald Trump has criticized Pirro for her decision, saying he was disappointed and that she “choked” and “folded like an umbrella.” He has repeatedly blamed vandals for the pool’s condition.

Hearn’s attorneys mentioned the president’s comments in their motion Tuesday, noting that Trump and the secretary of the interior publicly attacked Pirro for the dismissal.

“This case presents the exceptional facts and cirblockstances that warrant dismissal with prejudice,” they wrote.

A judge has not yet ruled on Hearn’s case. A hearing set for Thursday has been canceled.