DC Judge Permanently Closes Reflecting Pool Case Against MD Olympian

BETHESDA, MD — A judge permanently dismissed a criminal case on Thursday that was tied to Maryland Olympian David Hearn, who was accused of vandalizing the Lincoln Memorial Reflecting Pool over the summer.

Although the Justice Department dismissed the vandalism case in July, a D.C. Superior Court order by Judge Todd Edelman bars prosecutors from refiling the same charges against Hearn.

In his decision, Edelman cited potential pressure from the Trump administration.

"While the government wishes to hold open the possibility of the development of evidence that would support a future prosecution, its own representations make plain that such a possibility is theoretical at best, and more likely, is simply fanciful," the order reads.

"... this case must be dismissed with prejudice, and the government must thus be barred from reinstituting this charge against Mr. Hearn."

The 67-year-old Bethesda resident had been indicted on a felony charge of destruction of property after prosecutors argued Hearn caused more than $1,000 in damage when he reached into the Reflecting Pool to examine a piece of sealant that had peeled off.

Hearn said he was on a bike ride on June 19 when he examined the sealant, adding that he obeyed a park worker’s command to let go.

The Justice Department ultimately dropped the case after the Interior Department found the Reflecting Pool damage was caused by rushed contractor work.

Related:

• Trial Date Booked For MD Olympian Accused Of Vandalizing Reflecting Pool: Report
• MD Olympian Pleads Not Guilty In Reflecting Pool Vandalism Case

The sealant is tied to the $14 million rehabilitation project the Trump administration undertook ahead of the nation's 250th anniversary. President Donald Trump previously said multiple individuals were arrested for "vandalizing" the Reflecting Pool.

Hearn’s attorneys said the ruling is "a victory for the rule of law and for an innocent American seeking justice" and allows Hearn to "move forward with his life as he deserves."

"This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted," the lawyers said in a statement.

Hearn had competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the U.S. Olympic and Paralympic Committee says on its website.

The Associated Press contributed to this report.