Federal prosecutors have dropped all charges against David Hearn, a 67-year-old three-time Olympic canoeist who was arrested after touching a loose piece of sealant in the Lincoln Memorial Reflecting Pool during a bike ride in June. Hearn had been charged with felony property destruction, an offense that carried a potential sentence of up to 10 years in prison. He consistently maintained that he only picked up a piece of material that was already peeling away and immediately let it go when instructed.
In court filings requesting dismissal of the case, the U.S. Department of Justice acknowledged that newly reviewed evidence showed the damage was not caused by vandalism. Prosecutors stated that the widespread peeling and deterioration of the pool’s lining resulted from flaws in the installation process and a rushed construction timeline. Testimony also revealed that the Reflecting Pool had already been experiencing significant leaks before Hearn ever came into contact with it.
Although the charges have been dismissed, Hearn’s attorneys criticized the government’s handling of the case, arguing that he should never have been arrested or charged. They said the dismissal does not undo the damage caused by what they described as an abuse of government authority and called for an official apology.
The Reflecting Pool had recently undergone a $15 million renovation ahead of America’s 250th anniversary celebrations, but the new liner reportedly began bubbling and peeling soon after it was installed. With the evidence now pointing to construction issues rather than intentional damage, legal observers expect similar misdemeanor cases involving other visitors who touched the damaged liner to also be dismissed.