WASHINGTON — David "Davey" Hearn was indicted this month on a felony charge of destruction of property. Hearn pleaded not guilty to the charge.

Hearn is accused of causing more than $1,000 in damage to the Lincoln Memorial Reflecting Pool. The charge carries a maximum prison sentence of 10 years upon conviction. Hearn's trial is scheduled to start Sept. 28 in D.C. Superior Court.

In a court filing Monday, Hearn's attorneys requested an order for the government to turn over a complete transcript of all grand jury proceedings. Hearn's attorneys requested that prosecutors disclose the legal instructions given to grand jurors about the elements of the alleged crime. Hearn's attorneys argued in the filing that a key grand jury witness testified the Reflecting Pool had substantial preexisting damage requiring repair before Hearn's alleged conduct.

According to Hearn's lawyers, the witness testified that the pool was leaking more than one million gallons of water per week. According to Hearn's lawyers, the witness testified that the pool's expansion joints had exceeded their service life. According to Hearn's lawyers, the witness testified that the liner already contained a rip. The witness said the cost to repair the pre-existing damage would have been $6,000 to $15,000. Hearn's lawyers stated in the filing that the witness did not say or suggest that Hearn's alleged conduct compromised the liner. Hearn's attorneys wrote that the witness testimony raised questions about whether the grand jury was properly instructed about the core elements of the alleged crime.

Jeanine Pirro is the U.S. Attorney for the District of Columbia. When asked how she would prove Hearn caused more than $1,000 in damage, Jeanine Pirro said, "With an expert." She added, "Come to the trial." Pirro is a former judge and a Fox News host.

Hearn is 67 years old and is from Bethesda, Maryland. He competed in three Summer Olympics. Hearn earned his best Olympic finish, ninth place, at the 1996 Atlanta Olympic Games.

Hearn previously told reporters, "The condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there." Hearn he stopped by the pool during a bike ride on June 19. He he reached in to examine the pool’s newly peeled coating and briefly touched a chunk attached to the side of the pool. Hearn he obeyed a park worker who told him to let go of the chunk of coating. Hearn he was detained by National Guard troops and U.S. Park Police for five hours on June 19.

During a speech Monday at General Motors in Michigan, President Donald Trump said the Reflecting Pool "is in the hospital now, but it’s going to get better very soon." Trump also said the Reflecting Pool "is almost ready to open." The White House dumped huge quantities of hydrogen peroxide into the Reflecting Pool to control an algae bloom, which reportedly caused the new renovations to start peeling and cracking. A National Park Service official testified before the grand jury. Hearn's attorneys previously asked the court to dismiss the case.

Hearn's attorneys argued the government has failed to properly preserve important physical evidence from the Reflecting Pool. At least three other people face misdemeanor charges in connection with incidents at the Reflecting Pool.

The case centers on whether Hearn's actions caused quantifiable damage beyond pre-existing conditions at a major national landmark. The defense contends that grand jury instructions may have been flawed given testimony about the pool's state prior to the incident. The prosecution relies on expert testimony to establish the extent of any new damage caused by Hearn. The trial will determine if the physical evidence preserved by authorities supports the felony charge carrying a decade-long maximum sentence.