Prosecutors drop vandalism charges for Reflecting Pool damage, blame ‘contractor error’

WASHINGTON — U.S. Attorney for the District of Columbia Jeanine Pirro moved Friday to dismiss charges against a former Olympian canoeist alleged to have damaged part of the Lincoln Memorial Reflecting Pool.

Pirro had charged David Hearn, of Bethesda, Maryland, with destruction of property of more than $1,000 for allegedly vandalizing the newly refinished Lincoln Memorial Reflecting Pool on June 19. President Donald Trump, who has overseen the multi-million-dollar renovation of the Reflecting Pool, blamed vandals for damage to it.

But in a 20-page motion to dismiss filed by the U.S. attorney’s office, Pirro said her office wouldn’t have sought charges if the Interior Department, which manages the Lincoln Memorial, had initially shared more information about repair work on the Reflecting Pool.

Instead, the department only recently disclosed findings that Pirro said “strongly suggest that a rushed and botched installation by (Atlantic Industrial Coatings), the primary contractor, led to the damage to the lining of the Reflecting Pool.” 

That information was not known by prosecutors or the grand jury that returned an indictment of Hearn, she said.

Information withheld

She said it was not until her office “reached out to DOI dozens and dozens of times that DOI slowly started trickling information to USAO-DC. Had DOI been forthcoming with the information clearly in its possession, the government would not have sought a grand jury indictment.”

Pirro related: “Specifically, the newly released documents reveal that work on installing the lining almost immediately fell behind, due to a combination of very rainy and windy weather, repeated failures of testing on the sealing of the expansion joints, and delays in obtaining sealing product at the worksite. The rush to complete the project led to hasty and botched work that was not remediated before the project was finished and the fencing removed.”

Pirro said that “almost immediately after work was initially completed, peeling was observed along the pool perimeter.” 

A National Park Service engineer’s June 11, 2026, email “stated that the cause of the damage was contractor error via ‘overspray’; that the peeled lining would not float; and that the peeling would ‘not impact the strength of the liner,’” she said.

“Moreover, the July 20, 2026, inspection by contractors confirmed that overspray and delamination had occurred, again pointing to contractor error,” Pirro said. “Finally, a recent visual inspection showed damage throughout the Reflecting Pool, even in the middle of the pool, where a vandal would not likely attempt to peel the lining. Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt.”

Apology owed?

Hearn on July 9 pleaded not guilty during a brief court hearing and was released on his own recognizance. 

His lawyers, Norm Eisen of Democracy Defenders Fund, Mary Dohrmann of the Washington Litigation Group and Steve Levin of Steptoe LLP, said in a statement on Friday night that the government owes Hearn an apology for pursuing the case. 

“The Trump administration’s case against Davey Hearn should have never been brought,” they said. “Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government’s approach was ready, fire, aim. The administration owes Mr. Hearn an apology.”

Hearn’s lawyers earlier this week had asked the judge in the case to release more information from the grand jury. 

They wrote in a motion that “the Government’s sole grand-jury witness on damages testified that the property was already damaged before Mr. Hearn allegedly touched it; that the same repairs would have been required regardless of Mr. Hearn’s conduct; and that he could not quantify any loss attributable to that conduct.” 

In a June 21 statement on its website, Atlantic Industrial Coatings defended its work on the Reflecting Pool.

“Atlantic Industrial Coatings in conjunction with the US Park Service has identified some areas in the Reflecting Pool that require repairs. These areas are a very small part of the massive 7 acre project, and do not indicate a failure of the liner,” it said.

“These repairs can not be made until the pool is drained. As soon as its feasible for the Park, the pool will be drained and AIC will be back to make those needed repairs as part of the warranty.”

The company did not immediately return a request for comment. The Department of Interior also did not immediately respond to a request for comment.

This article was originally published by Missouri Independent and is republished by MetroSTL under a Creative Commons license. The reporting is the outlet’s; please support them.