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Lincoln Memorial Pool Vandalism Case

Reversal: DOJ Moves to Dismiss Charges Against Hearn

Federal prosecutors asked a D.C. judge on July 31 to dismiss the indictment against former Olympian David Hearn. Their motion says newly produced records show the Reflecting Pool’s coating failed because of a rushed, flawed installation by contractor Atlantic Industrial Coatings ahead of July 4 events, not because of vandalism. They asked to dismiss the case without prejudice.

The filing says key Interior Department documents arrived only after the grand jury returned charges. After the pool was drained, the U.S. attorney visited on July 17 and saw widespread peeling, including areas in the middle of the basin that visitors could not easily reach. The records include a June 11 warning from a National Park Service engineer that overspray along the edge could leave a one- to two-foot strip prone to peeling, the same area Hearn was accused of pulling.

This new evidence makes it hard to tie at least $1,000 of damage to Hearn, the threshold for the felony property-destruction charge. A trial had been set for Sept. 28; if the judge grants the motion, the charges will be dropped for now.

Synthesized from 22 sources

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