WASHINGTON — A former Olympian facing a felony charge for allegedly damaging the Lincoln Memorial Reflecting Pool is pushing for full disclosure of the closed-door grand jury proceedings that led to his indictment, with his legal team pointing to what they describe as serious “irregularities” in the process.
In a filing submitted to the court on Monday, attorneys for David Hearn asked a judge to compel the government to hand over a complete transcript of all grand jury testimony. They are also requesting that prosecutors reveal the legal instructions provided to grand jurors regarding the specific elements of the alleged crime.
Hearn entered a not guilty plea earlier this month on one felony count of property destruction. His trial is set to begin September 28 in D.C. Superior Court. If convicted, he could face up to 10 years in prison. The charge alleges he caused at least $1,000 worth of damage to the pool.
His defense team, however, is challenging whether prosecutors brought sufficient evidence before the grand jury to justify that damage figure. According to the attorneys, a National Park Service official who testified acknowledged that the pool was already in a damaged state before Hearn allegedly made contact with it, was unable to assign a specific dollar amount to any harm attributed to Hearn, and stated that the same repairs would have been needed regardless of anything Hearn did.
“The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn,” the defense attorneys wrote. “According to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip.”
Defense attorneys acknowledge their arguments are currently based on only a partial look at the grand jury record, which is why they are seeking a court order granting full access to those proceedings.
A spokesperson for U.S. Attorney Jeanine Pirro’s Washington office did not respond to a request for comment on the defense’s arguments.
This case is connected to a costly and troubled renovation project at the Reflecting Pool that was championed by President Donald Trump. Hearn’s legal team had previously asked the court to throw out the case entirely, arguing that the government failed to properly preserve key physical evidence from the pool.
Trump, a Republican, has claimed that vandals are responsible for damage to the pool, while critics of the administration say the problems are the result of poor repair work. During a speech Monday at a General Motors facility in Michigan, Trump said a “sick” individual cut the pool’s liner but indicated the situation is being addressed.
“It’s in the hospital now, but it’s going to get better very soon,” Trump said. “It’s almost ready to open.”
Hearn and those who support him contend the prosecution is politically driven — an effort by the Trump administration to shift blame and make him a scapegoat.
Hearn told The Associated Press that on June 19, he stopped by the Reflecting Pool during a bike ride and was subsequently held by National Guard troops and U.S. Park Police for five hours. He said he reached into the pool to look at the coating that had been peeling away and briefly touched a loose piece hanging from the side. He said he immediately let go when a park worker told him to do so.
Hearn, 67, who lives in Bethesda, Maryland, competed in three Summer Olympic Games. According to the U.S. Olympic and Paralympic Committee’s website, his top finish was ninth place at the 1996 Atlanta Olympic Games.
At least three other individuals have also been charged in the same court, facing misdemeanor counts for allegedly taking pieces of paint from the pool.
