The former Olympian accused of vandalizing Donald Trump’s restored Lincoln Memorial Reflecting Pool has had his charges dismissed.
Investigations into David Hearn showed the damage was the result of a ‘flawed installation by the contractor’ and ‘the rush to complete the project’ in time for Trump’s America 250 celebration.
Government lawyers admitted as such in a 20-page court filing released Friday as DC US Attorney Jeanine Pirro moved to drop all charges.
‘Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,’ the filing states.
Hearn’s lawyers said in a statement that the case against him should never have been brought.
‘Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government´s approach was ready, fire, aim. The administration owes Mr Hearn an apology,’ the lawyers said.
The Daily Mail has reached out to both the White House and the Department of the Interior, which manages the pool, for comment.
Hearn told the Daily Mail last month his arrest and the charges were a farce intended to boost a false narrative as he shared an image of the pool’s damaged facade.
David Hearn (pictured), the former Olympian accused of vandalizing Donald Trump’s restored Lincoln Memorial Reflecting Pool, has had his charges dismissed
The Lincoln Memorial Reflecting Pool between the Lincoln Memorial, top, and the World War II Memorial, bottom, is shown
‘It’s a completely unfounded accusation. It’s a lie,’ Hearn said over the phone. ‘I didn’t rip, tear, destruct, destroy, or harm in any way, any part of the reflecting pool.’
Hearn admitted to touching a ‘loose flap of coating,’ but claimed he did so purely because he was ‘curious as a concerned citizen.’
The 67-year-old from Bethesda, Maryland, was indicted last earlier this month on a single felony count of property destruction.
Before the country’s 250th independence celebrations, President Donald Trump launched a multimillion dollar renovation project for the Reflecting Pool, which was plagued by problems, including damage to its new coating.
Trump, without providing evidence, has alleged the damage was caused by vandals.
Hearn has said he reached inside the pool to examine the peeled sealant and let go of a chunk when he was told to by a park worker. He is accused of causing more than $1,000 in damage.
‘Every American should be alarmed about this prosecution,’ defense attorney Norm Eisen said after the hearing. ‘It is not a crime to touch the Reflecting Pool.’
President Trump championed the $16 million renovation as part of his goal to beautify Washington DC ahead of America’s 250th anniversary.
Government lawyers admitted as such in a 20-page court filing released Friday as DC US Attorney Jeanine Pirro (pictured) moved to drop all charges
President Trump championed the $16 million renovation as part of his goal to beautify Washington DC ahead of America’s 250th anniversary
But less than two weeks after the project was completed, the newly refinished paint job began peeling, and algae blooms turned the water green. Trump admitted over the weekend that the pool may need to be drained for repairs.
‘They clearly wanted a news story that they could promote that was centered around vandals damaging the reflecting pool,’ Hearn said, adamant he did nothing wrong.
‘Officers were ready to arrest me and other people they found who they could have some contrived basis of charges on to accuse them of vandalism,’ Hearn said.
Hearn pleaded not guilty earlier this month to one felony count of property destruction and has a trial scheduled to start September 28 in DC Superior Court.
The charge, which carries a maximum prison sentence of 10 years upon conviction, accuses Hearn of causing at least $1,000 in damage to the pool.
Hearn competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the US Olympic and Paralympic Committee says on its website.
He and his supporters have said the prosecution is a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.
‘They clearly wanted a news story that they could promote that was centered around vandals damaging the reflecting pool,’ Hearn said, adamant he did nothing wrong.
Investigations into David Hearn showed the damage was the result of a ‘flawed installation by the contractor’ and ‘the rush to complete the project’ in time for Trump’s America 250 celebration
The politically charged case that his defense attorneys and other Trump administration critics have derided as an abuse of prosecutorial power comes as Trump official Doug Burgum (pictured) says the pool has been vandalized since early June
‘Officers were ready to arrest me and other people they found who they could have some contrived basis of charges on to accuse them of vandalism,’ Hearn said.
Hearn added that he had taken a photo of the peeling paint shortly before he was arrested and shared the picture with the Daily Mail.
Video of Hearn’s arrest showed the Olympian standing by the Reflecting Pool with his bike before getting approached by two National Guard soldiers. The video then shows him walking over to four police officers and a third National Guard soldier.
A fifth officer dressed in a white shirt – identified by Hearn as Lieutenant Stone – can then be seen talking to the Olympian, whose hands were cuffed behind his back. Hearn said Stone ‘seemed to be the driving force behind the arrest.’
Hearn claimed he did not go into the water at all ‘other than the tips of my fingers,’ and that he touched the coating for less than a minute before he was approached by a National Park Service employee and arrested shortly thereafter.
‘We’ve already heard many lies from this administration,’ Hearn said. ‘That’s just another lie.’
Hearn also shockingly claimed that he was never read his Miranda rights when he was arrested.
The Olympian said he was placed in ‘very tight handcuffs’ behind his back before he was placed in a jail cell for five hours.
The Washington Monument is visible as a visitor takes a picture of the Reflecting Pool though a chain link fence on the National Mall
Nadine Seiler arrives in an inflatable frog costume, to support former Olympic canoeist David Hearn, who was indicted by a grand jury for allegedly damaging the Lincoln Memorial Reflecting Pool
He said the cell was ‘fairly clean,’ but it was a ‘scary’ experience because ‘with the government that we’re under and right now, there have been many unlawful detentions.’
‘I was happy I wasn’t in ICE custody, and I was happy I wasn’t being sent to El Salvador, but there was a high degree of uncertainty over when I was going to be released,’ Hearn added over the phone.
The Olympian claimed that during his five-hour stay behind bars he was not allowed to make a phone call, was not offered food or water and was told his imprisonment ‘was an open-ended detention,’ which meant he was not told when he would be released.
‘The conditions of the jail were physically good, but mentally difficult,’ Hearn told the Daily Mail.
Hearn said that in theory, he was pleased with the effort to renovate parks and national monuments in Washington DC, but he emphasized that the projects would be ‘more well received’ without ‘a sort of a baggage of corruption to it.’
Hearn said that in theory, he was pleased with the effort to renovate parks and national monuments in Washington DC, but he emphasized that the projects would be ‘more well received’ without ‘a sort of a baggage of corruption to it.’
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