David Hearn, a former Olympic athlete, is contesting the felony charge of property destruction filed against him in connection with damage to the Lincoln Memorial Reflecting Pool. In a court filing, his legal team requested that prosecutors provide a complete transcript of the grand jury proceedings that led to his indictment, along with copies of the legal instructions given to jurors regarding the elements of the alleged crime.
Hearn pleaded not guilty to the charge earlier this month. The felony count carries a maximum prison sentence of 10 years and alleges he caused at least $1,000 in damage to the pool. His trial is scheduled to begin September 28 in D.C. Superior Court.
The defense argues that prosecutors failed to present adequate evidence to the grand jury to support the damage amount cited in the indictment. According to the defense filing, a National Park Service official testified that the pool had substantial preexisting damage before Hearn’s alleged involvement, could not quantify any damage specifically attributable to Hearn, and stated that the same repairs would have been necessary regardless of his conduct. The witness reportedly testified that the pool was leaking over one million gallons of water weekly, its expansion joints had exceeded their service life, and the liner already contained a rip.
Hearn’s case stems from a multimillion-dollar renovation project at the memorial. The former athlete, 67, of Bethesda, Maryland, says he was detained for five hours by National Guard troops and U.S. Park Police after stopping at the pool during a bike ride on June 19. He stated he briefly touched peeled coating on the pool but released it when instructed by a park worker. The case has generated debate over whether the damage resulted from alleged vandalism or from issues with the repair work itself. At least three other individuals have faced misdemeanor charges related to removing pieces of paint from the pool.
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