A former Olympian facing charges for allegedly damaging the Lincoln Memorial Reflecting Pool is requesting access to grand jury testimonies linked to his indictment. David Hearn’s legal team filed a request for a complete transcript of the grand jury proceedings. They aim to uncover any irregularities in the legal instructions provided to the jury.
Earlier this month, Hearn pleaded not guilty to a felony count of property destruction. His trial is set to commence on September 28 in D.C. Superior Court. Conviction could result in up to 10 years in prison, a charge based on claims of causing at least $1,000 in damage. However, Hearn’s attorneys challenge the evidential basis for this amount.
According to a National Park Service official’s testimony, the pool had existing damage prior to Hearn’s alleged actions. The official noted the pool’s substantial, pre-existing issues, such as leaks exceeding a million gallons per week, expired expansion joints, and a torn liner. Defense attorneys argue this testimony undermines the prosecution’s claims of damage directly linked to Hearn.
“The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn,” the attorneys stated.
Hearn’s legal team wants full access to the grand jury proceedings for a more thorough review. A representative for U.S. Attorney Jeanine Pirro’s office did not immediately comment on these legal arguments.
Previously, Hearn sought the case’s dismissal, citing the government’s failure to preserve critical evidence related to the Reflecting Pool. This case originates from a troubled renovation project under President Donald Trump’s administration. Critics suggest faulty repair work, while Trump blamed vandalism, claiming a “sick” person damaged the pool during a Michigan speech. Trump noted that repairs are underway.
Hearn and his advocates argue the charges are politically motivated, diverting accountability from the administration. Hearn recounted an encounter with National Guard troops and U.S. Park Police on June 19. During a bike ride, he stopped by the pool, briefly touched its surface, and complied with a park worker’s request to release it. He spent five hours detained following the incident.
The 67-year-old former athlete from Bethesda, Maryland, competed in three Summer Olympics, with a ninth-place finish in 1996. Additionally, three others face misdemeanor charges for removing paint pieces from the pool.

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