Ex-Olympian’s Reflecting Pool case takes new turn as lawyers demand DOJ, Interior probes

WASHINGTON, DC: David Hearn’s Reflecting Pool case is over, but the fight over how the federal government prosecuted him is widening.

Lawyers for the former US Olympian asked the Justice and Interior departments’ inspectors general Tuesday, October 6, to investigate his arrest and felony indictment after prosecutors ultimately acknowledged that a contractor’s “botched installation” - not Hearn - caused the damage at the Lincoln Memorial Reflecting Pool.

The demand comes five days after DC Superior Court Judge Todd Edelman permanently dismissed the case with prejudice, preventing prosecutors from bringing it again.

The judge pointed to “exceptional circumstances” surrounding the prosecution and the possibility that pressure from President Donald Trump could lead to renewed charges.

Lawyers allege evidence existed before indictment

Hearn, 67, was detained for five hours on June 19 after stopping at the Reflecting Pool during a bike ride and touching material that had already separated from the pool's surface.

A grand jury indicted him July 2 on felony destruction of government property. 

His attorneys now allege government officials possessed evidence undermining that accusation before seeking the indictment.

“The record reflects an indictment obtained through unusual haste and a prosecution shaped from the outset by political pressure and built on an inadequate investigation,” they wrote.

Their letter also asks watchdogs to examine whether investigative procedures were followed and alleges US Attorney Jeanine Pirro improperly questioned a defense expert without Hearn’s attorneys present.

Those allegations have not been established by an inspector general investigation.

Contractor error unraveled government’s case

By late July, Pirro’s office moved to abandon the prosecution after Interior Department material indicated the deterioration resulted from installation problems during an accelerated renovation ahead of America’s 250th birthday celebrations.

Prosecutors said they had not received that information before charging Hearn, and later said the new information showed that the damage had resulted from a contractor’s “botched installation.”

The reversal triggered an unusual dispute inside the administration.

Trump publicly criticized Pirro for dropping the case, saying she had “choked” and “made a mistake.”

Pirro subsequently brought a box of evidence to the White House that sources told CBS News contained Interior Department records exculpating Hearn and others.

White House officials later explored with Justice Department officials whether another criminal case could be brought.

Edelman’s October 1 dismissal with prejudice ultimately closed that door.

Case raises wider accountability questions

The watchdog requests do not themselves establish misconduct. 

The DOJ and Interior inspectors general would have to decide whether to open investigations, and neither had publicly announced one by Tuesday.

Hearn went from a five-hour detention to facing a felony carrying a potential 10-year prison sentence before prosecutors concluded he had not caused the damage.

His lawyers now want independent watchdogs to determine how that happened, and whether officials should be held accountable.