A former Olympian, David Hearn, is seeking access to all closed-door testimony that led to his indictment for allegedly damaging the Lincoln Memorial Reflecting Pool. Hearn points to irregularities in grand jury proceedings as the reason for his request.
Hearn’s attorneys filed a request for a complete transcript of all grand jury proceedings, including legal instructions given to grand jurors about the elements of his alleged crime. Earlier this month, Hearn pleaded not guilty to a felony count of property destruction, which carries a potential prison sentence of up to 10 years. The charge accuses him of causing at least $1,000 in damage to the pool.
Defense lawyers question whether adequate evidence was presented to the grand jury to support the damage amount in Hearn’s indictment. A National Park Service official testified that the pool was already damaged before Hearn allegedly interfered with it and could not attribute any specific damage to him.
“The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn,” the defense lawyers stated.
The witness indicated issues such as the pool leaking over a million gallons of water weekly, worn-out expansion joints, and an existing rip in the liner. Hearn’s attorneys base their arguments on a limited review of the grand jury testimony, seeking complete access to all proceedings.
A spokesperson for U.S. Attorney Jeanine Pirro’s office didn’t immediately respond to a request for comments on Hearn’s claims. Hearn previously sought dismissal of the case, arguing the government failed to preserve vital physical evidence from the pool.
The case arises from a renovation project associated with President Donald Trump. Critics blame faults on inadequate repair work, while Trump alleged vandalism during a speech, suggesting a “sick” individual cut the pool’s liner. He stated the pool is undergoing repairs.
Hearn believes his prosecution is politically motivated to divert blame. He reported being detained for five hours by National Guard troops and Park Police after examining the pool during a bike ride. He admitted touching the pool’s new coating but complied when instructed to let go by a park worker.
Hearn, 67, from Bethesda, Maryland, participated in three Summer Olympics, achieving his best result, ninth place, at the 1996 Atlanta Games, according to the U.S. Olympic and Paralympic Committee. Three others face misdemeanor charges for allegedly removing paint pieces from the pool.