Ex-Olympian Challenges Grand Jury Testimony in Lincoln Memorial Case

A former Olympian facing charges of intentionally damaging the Lincoln Memorial Reflecting Pool is seeking full access to the closed-door testimony that resulted in his indictment. David Hearn, through his attorneys, has pointed to potential irregularities in the grand jury proceedings.

On Monday, Hearn’s lawyers filed a court request for a complete transcript of all grand jury proceedings. They are also seeking clarification on the legal instructions given to grand jurors regarding the elements of Hearn’s alleged crime.

Earlier this month, Hearn pleaded not guilty to a felony count of property destruction. His trial is set to begin on September 28 in D.C. Superior Court. The charge accuses him of causing damage exceeding $1,000 to the pool, which could lead to a maximum prison sentence of 10 years upon conviction.

Hearn’s defense team questions whether sufficient evidence was provided to the grand jury to support the accusations. A National Park Service official has noted that the pool already had existing damage prior to Hearn’s alleged actions. The official, unable to attribute any specific damage to Hearn, stated that repairs were necessary regardless of his conduct.

The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn.

Hearn’s lawyers argue that the pool was leaking significant water, had outdated expansion joints, and contained a rip in the liner before Hearn’s involvement.

The defense is pushing for court-ordered access to the entire grand jury proceedings based on their limited review to date. Meanwhile, U.S. Attorney Jeanine Pirro’s office in Washington has not commented on Hearn’s arguments.

Hearn previously sought to have the case dismissed, highlighting that the government did not properly preserve crucial physical evidence from the Reflecting Pool. His defense claims that his prosecution is politically driven, aiming to deflect blame away from problems associated with a multimillion-dollar renovation project tied to the Trump administration.

During a speech in Michigan, Donald Trump suggested that a “sick” person was responsible for cutting the pool liner, but assured that repairs were underway. This aligns with Hearn’s claim that his prosecution is politically motivated.

Hearn recounted being detained by National Guard troops and U.S. Park Police for five hours while visiting the pool during a bike ride. He admitted to briefly examining the pool’s coating but complied when instructed by a park worker to stop.

At 67, Hearn is a Bethesda, Maryland resident who competed in three Summer Olympics, with his best placement being ninth in the 1996 Atlanta Games. The U.S. Olympic and Paralympic Committee provides his athletic history on its website. In related cases, three others have faced charges for removing paint from the pool in the same court system.