Judge Dismisses Reflecting Pool Vandalism Case Against Former Olympian

A federal judge has dismissed the criminal case accusing former Olympian David Hearn of vandalizing the Lincoln Memorial Reflecting Pool, according to an order filed Thursday.

Associate Judge Todd Edelman granted in part the Justice Department's request to drop the case, but said he would wait before deciding whether to dismiss it with prejudice — a step that would effectively block the government from charging Hearn again over the same alleged conduct. Edelman said he would rule after hearing further arguments from prosecutors and Hearn's attorneys.

The judge set a filing schedule for both sides and said he would schedule a hearing for oral argument once all submissions are made.

The Justice Department moved last week to dismiss the case, acknowledging that the damage to the pool "was the result of flawed installation by the contractor." The motion from U.S. Attorney Jeanine Pirro sought dismissal without prejudice, which would leave Hearn exposed to a possible future indictment.

Hearn's attorneys filed a motion this week asking that the indictment be dismissed with prejudice, citing "exceptional facts and circumstances."

"Defying both decency and common sense, the government proceeded to indict Mr. Hearn before it had obtained or evaluated the information necessary to establish a good-faith basis for the charge," the filing stated. "The Court should not leave the defendant subject to the possibility of renewed prosecution."

Hearn, a former U.S. Olympic canoeist, pleaded not guilty last month to a felony destruction of property charge after Pirro's office accused him of "forcefully and violently" ripping up parts of the pool floor.

In the filing seeking to drop the case, Pirro's office said it only learned of evidence pointing to "a rushed and flawed installation process" after a grand jury had indicted Hearn.

President Donald Trump this week criticized Pirro's decision to abandon the prosecution, saying she "choked" and "folded like an umbrella." He continued to assert that vandals were responsible for cutting and tearing the pool lining.