A judge has reserved his decision on whether to permanently dismiss the vandalism case against former Olympic canoeist David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool in Washington, DC.
Associate Judge Todd Edelman heard arguments on Friday over whether the case should be dismissed “with prejudice”, which would prevent prosecutors from bringing the same charge again, or “without prejudice”, leaving open the possibility of a future prosecution.
The judge said he would issue his ruling shortly, but did not set a specific date.
Hearn’s felony charge was dropped in July after prosecutors received documents from the Department of the Interior indicating that the pool’s damaged lining may have resulted from a flawed installation and the rush to complete renovation work ahead of America’s 250th birthday celebrations.
Government lawyers have argued that the case should be dismissed without prejudice in case further evidence emerges. They maintain that the indictment was sought in good faith based on information initially provided by the Interior Department and US Park Police.
Hearn’s lawyers are seeking a permanent dismissal, arguing that the case should not remain hanging over him after investigators acknowledged that parts of the lining were already damaged. They described the prosecution as an extraordinary form of harassment affecting both their client and his legal team.
The government has said it is not currently investigating the matter. Prosecutors have also acknowledged that newly supplied records made it difficult to prove that the widespread damage was caused by vandalism.
Supporters gathered outside the courthouse during Friday’s hearing, while Hearn thanked people who had backed him across the country.
“I just want to thank everyone that you’re supporting me across the country,” Hearn said. “I want to thank my lawyers. It’s not about me; it’s about defending democracy.”
His attorney Mary Dohrmann said the ruling was expected “very soon”.
The case has attracted criticism from President Donald Trump, who has called the decision to drop the charge a mistake and continued to blame vandals for the damage to the newly renovated pool.
