Judge dismisses Reflecting Pool case against Olympian David Hearn

Aug. 6 (UPI) — A D.C. judge has dismissed the Lincoln Reflecting Pool vandalism case against U.S. Olympian David Hearn, according to court do***ents filed Thursday afternoon.

A grand jury charged Hearn with one felony count of destruction of property early last month, alleging that the 67-year-old willfully ripped up a piece of recently installed blue pool sealant from the Lincoln Reflecting Pool, which President Donald Trump had recently ordered renovated.

The alleged incident involving Hearn occurred June 19 as videos were posted online showing its surface green with algae and blue paint seemingly peeling from the bottom of the pool. Trump claimed vandalism and vowed those responsible would be held to account.

In his order filed Thursday afternoon, Associate Judge Todd Edelman dismissed the case but allowed litigation to continue over whether the dismissal should be with or without prejudice.

On July 31, U.S. Attorney Jeanine Pirro for the District of Columbia filed a motion to dismiss the case without prejudice, stating that the Department of Interior had provided “less than fulsome information at the outset of this case” that led prosecutors to charge Hearn. After he was charged, the DOI provided do***ents that “strongly suggest that a rushed and botched installation by AIC, the primary contractor, led to the damage to the lining of the reflecting pool.”

On Aug. 5, Hearn’s lawyers agreed the case should be dismissed but argued that the dismissal should be with prejudice.

“David Hearn is innocent and today’s dismissal reflects that simple fact,” Hearn’s counsel Norm Eisen of Democracy Defenders Fund, Mary Dohrmann of Washington Litigation Group and Steve Levin of Steptoe LLP said in a joint statement Thursday.

“The Department of Justice’s decision to seek an indictment was a miscarriage of justice.”

They said they intend to “vigorously advocate” for the case to be dismissed with prejudice to prevent the government from bringing the case again.

“All other legal options also remain on the table,” they said.

Trump maintains that vandalism was the cause of damage to the reflecting pool, despite the admission by his own Department of Interior. After Pirro filed for dismissal, Trump criticized her online, leading to speculation that the former Fox News host may be the next woman he fires.

“I disagree 100% with Jeanine Pirro,” he said online.

“I don’t know what she was thinking? To me, it was a pure case of VANDALISM,” he said, before referring to alleged vandalism to grblock near the reflecting pool. “There may have been some contractor difficulty, but the major damage was caused by VANDALS!”

Trump had ordered the Reflecting Pool be painted “American flag blue” ahead of celebrations marking the United States’ 250th birthday. But within days of the $15 million work being completed on June 6, the pool began experiencing issues, from algae blooms to blue coating peeling off the bottom.

Hearn is a three-time Olympia, having competed in the Barcelona games of 1992, the Atlanta games of 1996 and the Sydney games of 2000. He is a former canoe slalom athlete.