DC judge permanently dismisses case charging ex-Olympian with
vandalizing Reflecting Pool
[October 02, 2026]
By MICHAEL KUNZELMAN
WASHINGTON (AP) — A judge in the nation’s capital agreed on Thursday to
permanently dismiss a criminal case charging a former Olympian with
vandalizing the Lincoln Memorial Reflecting Pool, a move that could
prevent federal prosecutors from reviving the case under political
pressure from President Donald Trump.
D.C. Superior Court Judge Todd Edelman ordered the dismissal of David
Hearn’s case with “prejudice,” which would block U.S. Attorney Jeanine
Pirro’s office from refiling the felony charge against him. The judge
ruled nearly a month after hearing attorneys’ arguments.
Hearn’s lawyers say Trump administration officials have continued to
falsely accuse the Maryland resident of vandalizing the reflecting pool
despite Pirro’s decision to drop the case on July 31. Trump responded by
saying Pirro “choked” and “folded like an umbrella.”
Edelman said the case presents “exceptional circumstances” that warrant
dismissing the case permanently. He agreed with defense attorneys that
the government “shot first and asked questions later” by charging Hearn
in a “a lightning-fast indictment process.”
“While the government wishes to hold open the possibility of the
development of evidence that would support a future prosecution, its own
representations make plain that such a possibility is theoretical at
best, and more likely, is simply fanciful,” the judge wrote.
Permanently dismissing the case protects Hearn from prosecutors electing
to revive the case under political pressure from Trump, the judge said.
“Although the prosecutors assigned to this case have deemed it
meritless, the President of the United States has repeatedly disparaged
them and pressured them to change course,” Edelman wrote.
In a court filing in July, Pirro said new evidence produced by the
Interior Department showed Hearn wasn’t responsible for damage to the
pool’s lining. Pirro’s office attributed the damage instead to a botched
installation by a contractor as well as a rush to complete the project
in time for this summer’s America 250 celebration in Washington.
Pirro’s admission was an embarrassing setback for the White House.
Interior Secretary Doug Burgum has backed Trump’s claims that vandals
damaged the pool.
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People pass by an empty Reflecting Pool at the Lincoln Memorial in
Washington, Monday, Sept. 21, 2026. (AP Photo/Rod Lamkey, Jr.)
Hearn has said he was on a bike ride on June 19 when he reached in
to examine the pool’s newly peeled coating and briefly touched a
chunk attached to the side of the pool. But he said he obeyed a park
worker’s command to let go of it.
Hearn was charged with one count of property destruction, which
carries a maximum prison sentence of 10 years. His lawyers
questioned whether prosecutors properly presented the grand jury
with adequate evidence to support the charge and the amount of
damage alleged by the government.
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics,
earning his best finish, ninth, at the 1996 Atlanta Olympic Games,
the U.S. Olympic and Paralympic Committee says on its website.
Trump, a Republican, appointed Pirro, a former Fox News host, to
serve as the top federal prosecutor for the District of Columbia.
Edelman was nominated to the bench by Democratic President Barack
Obama.
Hearn’s attorneys said the ruling is “a victory for the rule of law
and for an innocent American seeking justice” and allows Hearn to
“move forward with his life as he deserves.”
“This administration chose to pursue an unjust prosecution against
Mr. Hearn. It should not get repeated chances to wield the power of
criminal prosecution against someone who should never have been
prosecuted,” the lawyers said in a statement.
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