Former Olympian canoeist indicted on Reflecting Pool charges. But his lawyers say: ‘These charges are outrageous’

Former Olympic canoeist, Davey Hearn, has been indicted in D.C. Superior Court on a felony charge of destruction of government property, as reported by The Guardian. The charges stem from an incident on June 19, where authorities allege that Hearn caused more than $1,000 worth of damage to the Lincoln Memorial Reflecting Pool.

This development follows a period of intense scrutiny regarding the condition of the pool, which recently underwent a renovation project costing over $14 million. The project included the installation of a new liner and a specialized coating in a color that President Donald Trump named American flag blue.

The legal team representing Hearn has pushed back against these allegations with significant force. His lawyers, Norm Eisen and Mary Dohrmann, issued a formal statement denouncing the indictment. Eisen, who previously served as an ethics and government reform adviser during the Obama administration, and Dohrmann, a former federal prosecutor who handled cases related to the January 6 attack on the Capitol, have characterized the government’s actions as a serious overreach.

The Reflecting Pool saga continues

“Davey Hearn is innocent,” his lawyers wrote. “These charges are outrageous and should be alarming to every American. This indictment reflects the administration’s effort to shift blame for their own failures. On the eve of our nation’s Independence Day, Americans should be deeply concerned by the misuse of government power against an ordinary citizen based on a concocted narrative. The justice system exists to determine facts, not to provide political cover.”

The legal team, which is supported by the Democracy Defenders Fund and the Washington Litigation Group, maintains that the case against Hearn is politically motivated. The grand jury indictment alleges that Hearn maliciously injured and destroyed the lining material of the pool, causing damage exceeding the $1,000 threshold required for a felony charge. If convicted, Hearn could face up to 10 years in prison.

U.S. Attorney for the District of Columbia, Jeanine Pirro, provided more details during a Thursday news conference. She stated that National Park Service employees observed Hearn using both of his hands to pull up the bottom liner of the pool.

According to Pirro, a park employee attempted to intervene and instructed Hearn to stop his behavior. She alleged that Hearn responded by shouting at the employee, questioning why she cared about the pool since it was not her own. Pirro described the encounter as belligerent and disrespectful, and she emphasized that the authorities have about a half dozen other cases pending related to alleged vandalism at the site.

However, Hearn’s account of the events paints a very different picture. He previously stated that he was detained for five hours after simply touching a piece of the coating that had already detached. Hearn explained that he was on a bike ride and stopped at the landmark out of curiosity regarding reports of algae growth and the peeling blue coating. He maintains that he did not remove, tear, or destroy any part of the pool. He stated, “The condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there.”

The state of the pool has been a point of contention for some time. Following the $14 million rehabilitation, photos emerged showing the blue sealant peeling away and chunks of material floating on the surface of the water. The National Park Service had previously reported in June that the liner was cut with a sharp object, and other incidents involving debris thrown into the pool have been documented.

When asked about the condition of the sealant before Hearn arrived on June 19, Pirro did not provide specific details. She asserted that the government could prove beyond a reasonable doubt that Hearn caused damage exceeding $1,000, and that they would rely on an expert witness at trial to establish the repair costs. Pirro clarified that authorities believe Hearn used only his bare hands to cause the damage, rather than any tools.

As this case moves forward, the clash between the government’s narrative of vandalism and the defense’s claim of an innocent citizen being used as a scapegoat for infrastructure failures will be the center of attention. Pirro expressed a strong stance on the matter, stating, “One of the most offensive images that I hold in my mind are the images of national moments that are being defaced, groped, torn down, graffitied, and damaged by individuals. This is not the way of the civilized society. It is anarchy.”