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By Alice Gibbs
Senior Reporter
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The Lincoln Memorial Reflecting Pool was already in a state of disrepair before former Olympian David Hearn allegedly caused any damage, his lawyers have argued.
The latest court filing comes after months of scrutiny surrounding the Reflecting Pool, which has faced problems including algae growth, leaks and deteriorating liner material following a high-profile rehabilitation project ordered by President Donald Trump.
Hearn, 67, was initially detained by National Guard troops and U.S. Park Police on June 19 after he reached into the water to get a closer look at paint peeling away from the Reflecting Pool amid a $14 million renovation. He was later indicted on a felony charge.
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"I did nothing wrong," Hearn told Newsweek in July. "I feel like I was targeted and I'm feeling singled out.”
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Filing Questions Whether Hearn Caused Any Measurable Damage
In a motion filed on Monday, Hearn's attorneys said the government's only witness on damages told grand jurors the pool was already deteriorated and that repairs would have been needed regardless of Hearn's alleged actions.
"The Government's only witness on that element testified that the property was already deteriorated, that the identified repairs would have been needed even without Mr. Hearn's alleged conduct, and that he could not quantify any loss caused by that conduct," the filing states.
According to the filing, a National Park Service official told the grand jury that the Reflecting Pool was leaking "more than one million gallons of water per week," had expansion joints that had exceeded their service life, and already contained a tear in its liner before Hearn was at the pool.
Hearn's lawyers argue that testimony strikes at a key element of the felony destruction-of-property charge, which requires prosecutors to show at least $1,000 in damage attributable to the defendant.
"The grand jury's indictment of Mr. Hearn is hard to explain," the attorneys wrote, arguing prosecutors failed to establish that he caused at least $1,000 in damages.
According to the motion, the witness also testified that repairs estimated at between $6,000 and $15,000 would have been required even before Hearn allegedly touched the pool and could not identify any additional repair costs directly caused by him. Hearn's attorneys also said a grand juror asked about the difference between repair costs before and after the alleged damage, but the government's witness was unable to provide an answer.
Newsweek reached out to Hearn’s legal team and the United States Attorney’s Office for the District of Columbia, but did not receive a response at the time of publication.
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Ongoing Reflecting Pool Controversy
The criminal case against Hearn has unfolded alongside a broader debate over the condition of the Lincoln Memorial Reflecting Pool and the recently completed rehabilitation project championed by Trump.
In recent months, visitors and online commentators have focused on algae blooms, discoloration in the water and visible issues with the pool's liner. The landmark has repeatedly become a flashpoint for political debate and social media discussion as questions mounted over the effectiveness of the refurbishment.
Particular attention has focused on an alleged “gash” in the liner—something that members of the Trump administration have repeatedly blamed on vandalism.
Hearn was one of a number of people arrested around the pool in late June, when press secretary Karoline Leavitt described vandalism at the site as “very real.” Just days later, U.S. Park Police released CCTV images as part of a "destruction of government property" investigation.
When Hearn attended his arraignment at Moultrie Courthouse on July 9, a number of protesters turned out to support him in the case. While his legal team argues the damage predated his entry to the pool, prosecutors have alleged he damaged the landmark by entering a restricted area.
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The Case Continues
Hearn's attorneys are seeking the release of grand jury transcripts and instructions to determine whether jurors were properly advised on how damages should be calculated under District of Columbia law.
The defense argues the felony charge hinges on proving damage of at least $1,000 attributable specifically to Hearn's actions, rather than the cost of repairing broader preexisting problems at the Reflecting Pool. Prosecutors have not yet publicly responded to the latest motion.
Contact Newsweek editors on this story: John Fitzpatrick and Emma Lee-Sang
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