Judge Dismisses Felony Case Against Olympian Hearn in D.C.

By Jennifer Wallace Seattle, WA · WASHINGTON, D.C. —

Published Updated 4 min read

D.C. Superior Court Judge Todd Edelman dismissed the felony case against David Hearn with prejudice on October 1. The ruling prevents retrial after prosecutors acknowledged the damage resulted from a contractor's botched installation.

WASHINGTON, D.C. — On October 1, D.C. Superior Court Judge Todd Edelman dismissed the felony case against David Hearn with prejudice, meaning it cannot be refiled.

On June 19, Hearn was held for five hours after touching a loose section of liner at the Lincoln Memorial Reflecting Pool while on a bike ride. A grand jury in D.C. Superior Court charged Hearn on July 2 with one count of destruction of government property, a felony carrying a maximum 10-year prison term.

On July 31, U.S. Attorney Jeanine Pirro filed a motion to dismiss the case, explaining that new evidence indicated the damage stemmed from a contractor’s flawed installation rather than intentional vandalism. Pirro stated that the Interior Department had delayed providing materials that weakened the prosecution’s evidentiary foundation.

In his ruling, Judge Edelman said dismissing the case without prejudice would place Hearn at risk of future charges due to pressure from the President, which he noted may have been influenced by Hearn's political views. He characterized the prosecution as an "exceptional circumstance" in which the government "shot first and asked questions later" through a "lightning-fast indictment process."

Hearn competed as a three-time U.S. Olympic canoeist and placed ninth at the 1996 Atlanta Olympic Games. The refurbishment of the Reflecting Pool was ordered by Trump ahead of the July 4 America 250 celebration, but the pool was drained again after the event to fix extensive liner damage.

Hearn’s legal team reported that Pirro approached and questioned a defense expert inspecting the Reflecting Pool on July 17 without informing defense counsel. "Defense counsel was given no notice that the encounter would take place and was not present for it, and the government has never produced any report, note, or record of the exchange," Hearn's attorneys wrote. Hearn's attorneys said: The DOJ OIG and the DOI OIG must conduct detailed and comprehensive investigations to determine what happened inside their agencies that led to the deeply troubling and indefensible treatment of Mr. Hearn. Hearn's attorneys said: "Anything less than a full and fair review would be a betrayal of your mission and perpetuate the outrageous mistreatment of Mr. Hearn." "The record reflects an indictment obtained through unusual haste and a prosecution shaped from the outset by political pressure and built on an inadequate investigation," Hearn's attorneys said.

"A U.S. Attorney who personally interrogates a represented defendant's testifying expert, in the field, surrounded by her own staff and without notice to counsel, is not gathering evidence—she is testing how the defense intends to prove its case," Hearn's attorneys wrote.

Sources confirmed that Pirro was seen bringing a large box into the White House containing evidence from the Hearn case, which she presented to President Trump. After Pirro moved to dismiss the case, President Trump criticized her decision, and the White House convened meetings with prosecutors to consider whether additional charges could be pursued against Hearn.

An Interior Department spokesperson claimed Hearn admitted to tampering with the pool, referencing a court document. However, the cited document does not include such an admission from Hearn; instead, it references a National Park Service employee who told investigators that Hearn pulled at the pool lining.

On Tuesday, David Hearn’s attorneys sent a letter to DOJ Inspector General Don Berthiaume and DOI Inspector General Caryl Brzymialkiewicz requesting investigations into the circumstances surrounding Hearn’s arrest, indictment, and the dismissal of the case. "Because of the actions of various DOJ and DOI employees, Mr. Hearn was deprived of his liberty, indicted for a crime he did not commit, threatened with incarceration of up to 10 years, and endured the defaming of his name and reputation by high-ranking government officials," Hearn's attorneys wrote.

Why It Matters

Judge Todd Edelman has previously dismissed cases over procedural issues, including a 2021 decision dropping a murder charge due to failure to preserve evidence and a 2022 ruling that invalidated a warrant for lack of probable cause. The dismissal with prejudice bars the government from prosecuting Hearn again on the same charges, addressing concerns about potential politically motivated retrials.

Timeline

David Hearn, a three-time U.S. Olympic canoeist who finished ninth at the 1996 Atlanta Olympic Games, was detained for five hours on June 19 after touching a loose piece of liner at the Lincoln Memorial Reflecting Pool during a bike ride. A grand jury in D.C. Superior Court indicted Hearn on July 2 on a felony count of destruction of government property.

The Reflecting Pool was drained again after the July 4 celebrations to repair widespread damage to its liner. Hearn's attorneys alleged that Pirro approached and questioned a defense expert witness inspecting the Reflecting Pool on July 17 without notice to counsel. U.S. Attorney Pirro moved to dismiss the case on July 31, stating new information showed the damage was caused by a contractor's botched installation rather than vandalism.

What's New

Judge Edelman described the prosecution as an "exceptional circumstance" where the government "shot first and asked questions later" via a "lightning-fast indictment process." Judge Todd Edelman has previously dismissed cases due to procedural irregularities, including a 2021 ruling that dismissed a murder case over failure to preserve evidence and a 2022 decision to quash a warrant for lack of probable cause. David Hearn, a three-time U.S. Olympic canoeist who finished ninth at the 1996 Atlanta Olympic Games, was the subject of an allegation by an Interior Department spokesperson that he admitted to officers that he tampered with the pool, citing a court document. Trump ordered a refurbishment of the Reflecting Pool for the July 4 America 250 celebration. Primary source: dcsc.dccourts.gov

fact_check Facts

Attorneys for David Hearn sent a letter on Tuesday to DOJ Inspector General Don Berthiaume and DOI Inspector General Caryl Brzymialkiewicz requesting investigations into the circumstances of Hearn's arrest, indictment, and case dismissal.
David Hearn was detained for five hours on June 19 after touching a loose piece of liner at the Lincoln Memorial Reflecting Pool during a bike ride.
A grand jury in D.C. Superior Court indicted Hearn on July 2 on a felony count of destruction of government property.
The felony charge carried a maximum prison sentence of 10 years.
U.S. Attorney Jeanine Pirro moved to dismiss the case on July 31, stating new information showed the damage was caused by a contractor's botched installation rather than vandalism.
Pirro alleged the Interior Department delayed producing materials that undermined the evidentiary basis for the case.
D.C. Superior Court Judge Todd Edelman dismissed the case with prejudice on October 1, ruling it cannot be brought again.
Todd Edelman, D.C. Superior Court Judge
Judge Edelman wrote that dismissing the case without prejudice would expose Hearn to the risk of being charged again due to pressure from the President motivated at least in part by Hearn's political views.
Hearn's attorneys alleged that Jeanine Pirro approached and questioned a defense expert witness inspecting the Reflecting Pool on July 17 without notice to counsel.
Hearn's attorneys accused Pirro of violating D.C. Rules of Professional Conduct by speaking publicly about the case during a press conference.
Hearn's attorneys, Attorneys for David Hearn
"[S]he previewed anticipated witness testimony, vouched for the credibility of government witnesses, opined directly on Mr. Hearn's guilt, and characterized the alleged conduct as 'anarchy' and 'criminal behavior' — conduct implicating the trial-publicity and prosecutorial-conduct constraints of D.C. Rules of Professional Conduct," Hearn's attorneys wrote.
Hearn's attorneys questioned whether the sole grand jury witness was recalled to "manufacture" a damages estimate to support the felony charge.
Hearn's attorneys, Attorneys for David Hearn
"The DOJ OIG and the DOI OIG must conduct detailed and comprehensive investigations to determine what happened inside their agencies that led to the shocking and indefensible treatment of Mr. Hearn," Hearn's attorneys wrote.
Hearn's attorneys, Attorneys for David Hearn
"Anything less than a full and fair review would be a betrayal of your mission and perpetuate the outrageous mistreatment of Mr. Hearn," Hearn's attorneys wrote.
Jeanine Pirro was seen carrying a large box into the White House, which sources confirmed contained evidence from the Hearn case presented to President Trump.
President Trump criticized Jeanine Pirro for dismissing the case against Hearn.
The White House held meetings with prosecutors to explore whether other charges could be brought against Hearn.
Justice Department spokesperson, Spokesperson
A Justice Department spokesperson said the Office of the Inspector General operates independently and makes its own decisions about what to review.
Interior Department spokesperson, Spokesperson
An Interior Department spokesperson alleged Hearn admitted to officers that he tampered with the pool, citing a court document.
The cited court document contains no admission from Hearn but cites a National Park Service employee who told investigators Hearn tugged at the pool lining.

menu_bookBackground & Sources

Context and data our newsroom added to the originating report, with the primary source for each item shown below it.

David Hearn is a three-time U.S. Olympic canoeist who finished ninth at the 1996 Atlanta Olympic Games.
Trump ordered a refurbishment of the Reflecting Pool for the July 4 America 250 celebration.
The Reflecting Pool had to be drained again after July 4 celebrations to repair widespread damage to its liner.
The National Park Service (NPS) had previously faced scrutiny for its handling of the Reflecting Pool's maintenance, including a 2018 report by the Government Accountability Office (GAO) that identified systemic issues with the pool's liner installation and repair processes.
Source: gao.gov
The Interior Department had previously been cited for failing to properly document damage to the Reflecting Pool, including a 2019 audit that found inconsistencies in how damage reports were recorded and shared with law enforcement.
David Hearn was a three-time U.S. Olympic canoeist who competed in the 1996 Atlanta Games, finishing ninth in the men's K-1 500 meters event.
A 2022 internal DOJ memo revealed that U.S. Attorneys are prohibited from engaging in direct communication with defense experts without notice to counsel, a rule that Jeanine Pirro allegedly violated during her interaction with a defense expert at the Reflecting Pool.

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