David Hearn, a former U.S. Olympian, and his lawyer Norman Eisen spoke to reporters in Washington, D.C. after Hearn entered a not guilty plea on July 9. A judge agreed to drop the federal vandalism charges against him and three others, who were accused of damaging the Lincoln Memorial Reflecting Pool.
“We feel strongly this case should be dismissed for once and for all,” Eisen told NPR. “Davey is an innocent man. He shouldn’t have to go through this a second time.”
Prosecutors have sought to dismiss the case “without prejudice,” allowing the possibility of refiling in the future. Hearn’s lawyers want the charge dismissed “with prejudice” to prevent any reopening.
Hearn’s legal team argues that the case lacked factual support from the beginning and succumbed to political pressures. President Trump criticized Jeanine Pirro, U.S. attorney for D.C., for backing down.
Trump alleged vandalism despite Pirro’s legal filing blaming “botched installation.” He cited a witness who claimed to see Hearn vandalize the Reflecting Pool, although evidence indicated prior issues with the lining.
“My confidence is being tested for sure here, in what our nation can withstand,” Hearn said. “But I don’t think people are taking this lying down.”
Hearn expressed gratitude for support from his lawyers, family, and community, noting that his case has drawn national attention. Eisen emphasized its wider implications:
“If it can happen to Davey, it could happen to you or me or anyone.”
Hearn reflected on his experience, seeing it as a challenge to U.S. democracy. He stopped to examine the pool’s renovation during a bike tour, noting his interest given his background in waterproofing.
After plucking a floating paint piece from the water, Hearn was arrested and charged with destruction of government property. He has denied the allegations, highlighting his respect for national parks, where he has volunteered for years.
The charge carried a potential 10-year sentence if convicted. Prosecutors moved to dismiss the case, attributing damage to “botched installation” rather than vandalism.
Judge Todd Edelman has yet to decide if the case could reopen. Eisen stated:
“The Department of Justice finally came to their senses and dismissed the case.”
Hearn’s team seeks a dismissal “with prejudice” or, alternatively, the release of grand jury materials to show potential rushed and misleading indictment processes.
A September status hearing is set, and Hearn remains hopeful:
“With the power of the law, the power of the courts, the judges, and my wonderful team … I feel very well-equipped to contest this, to bring democracy back to me.”