WASHINGTON, D.C. — Attorneys for former Olympic canoeist David Hearn are seeking dismissal of a felony vandalism charge, arguing that government testimony failed to show he caused any additional damage to the Lincoln Memorial Reflecting Pool.
Hearn, 67, was indicted after allegedly pulling at a loose section of the pool’s recently installed lining in June. He pleaded not guilty and has maintained that he merely touched material that was already peeling.
In a court filing Monday, his lawyers said a National Park Service witness told the grand jury that the pool had extensive preexisting problems, including a damaged liner and leaks exceeding 1 million gallons of water per week. Repairs were already necessary before Hearn’s alleged actions.
Prosecutors estimated the affected area would cost between $6,000 and $15,000 to repair. The defense argues that estimate does not establish how much, if any, damage Hearn personally caused. The felony charge requires losses exceeding $1,000.
Hearn’s attorneys also requested the complete grand jury transcript and instructions given to jurors, citing possible irregularities in how the damage threshold was presented.
The pool recently underwent a roughly $16 million renovation but continued experiencing leaks, peeling material and algae problems. Hearn’s trial is scheduled for Sept. 28.
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