A former Olympian accused of damaging the Lincoln Memorial Reflecting Pool in Washington, D.C., is fighting to have his case dismissed, alleging that authorities destroyed evidence that could prove his innocence and misled the grand jury that indicted him.
David Hearn, 67, who competed as a canoeist in three Summer Olympic Games for the United States, is charged in D.C. Superior Court with one count of felony destruction of property valued at $1,000 or more. If convicted, he could face up to 10 years in prison.
Background
According to the grand jury indictment handed down July 2, Hearn was stopping at the Reflecting Pool during a bicycle ride on June 19 when authorities allege he "pulled up and removed a portion of the pool's bottom liner." The incident occurred in front of the Lincoln Memorial, one of the nation's most iconic monuments.
Hearn has maintained since his arrest that he "touched a piece of coating that had already detached, released it when asked to do so by a park employee, and left the pool in no worse condition in which he found it." He pleaded not guilty to the charge on July 9.
The Reflecting Pool has been undergoing renovation work as part of President Donald Trump's efforts to commemorate the nation's 250th anniversary. In announcing the indictment, U.S. Attorney for the District of Columbia Jeanine Pirro stated that "deliberate acts of destruction set back real progress" toward those renovation goals.
"Vandalism at treasured places like the Reflecting Pool is an affront to our shared history and the dignity of our national heritage," Pirro said. "These monuments belong to all of us, and we will protect them—and hold accountable those who seek to deface or diminish them."
The Charges
In a 14-page motion to dismiss filed with the court, Hearn's defense team—led by attorney Norman Eisen—alleges that the government has engaged in spoliation of evidence by destroying and altering physical evidence critical to his defense.
"Despite the importance of the pool liner to the case, in the brief period since June 19, 2026, the same government that presented and returned the indictment against Mr. Hearn has fenced off the scene, begun draining the pool yet again, and publicly announced its intention to repair the very liner whose condition is at issue," the motion states.
The defense transmitted a written demand for evidence preservation on July 8, 2026—the day before arraignment—but alleges authorities proceeded with drainage and repairs anyway. The filing argues that draining the pool "alters" the evidence by changing the coating's environment, drying and shrinking compromised material, disturbing detached fragments, and subjecting the pool bottom to foot traffic and equipment.
Defense attorneys have also filed a motion for disclosure of grand jury minutes, claiming "irregularities" in proceedings. According to the motion, the government's sole grand jury witness on damages testified that the property was already damaged before Hearn allegedly touched it; that repairs would have been required regardless of his conduct; and that he could not quantify any loss attributable to his actions.
Additionally, according to defense filings, the witness stated the pool was leaking more than one million gallons of water per week, its expansion joints had exceeded their service life, and the liner already contained a rip prior to Hearn's alleged conduct.
"The spoliation of evidence caused by the government's actions is not hypothetical or prospective," the motion to dismiss reads. "Moreover, the government has not confirmed that the liner has been preserved intact, instead merely reciting boilerplate language to assert compliance with its discovery obligations."
Key Takeaways
- David Hearn, 67, is a former Olympic canoeist who earned his best finish of ninth place at the 1996 Atlanta Summer Games according to the U.S. Olympic and Paralympic Committee
- He allegedly removed a portion of the Reflecting Pool's bottom liner on June 19 during a bicycle ride; he maintains the coating was already detached when he touched it
- The defense claims evidence spoliation occurred after authorities drained the pool and began repairs despite a preservation demand sent July 8
- Grand jury proceedings contained alleged irregularities, including testimony that damage existed before Hearn's involvement and could not be quantified
- The case is pending in D.C. Superior Court; a status hearing is scheduled for next week
What's Next
Hearn has a status hearing scheduled for next week in D.C. Superior Court. His defense team will continue to pursue the motion to dismiss based on evidence destruction and the motion seeking disclosure of grand jury minutes. The case remains in its early stages, with pre-trial proceedings ongoing.
The Justice Department has not publicly responded to the defense's allegations regarding evidence spoliation or grand jury irregularities.