Prosecutors move to dismiss Reflecting Pool vandalism case, saying 'botched installation' to blame

Former Olympian David Hearn stands with his attorney Norman Eisen as he speaks to reporters and protestors gathered after his arraignment at Moultrie Courthouse on July 09, 2026 in Washington, D.C. Finn Gomez/Getty Images North America hide caption

Federal prosecutors have moved to dismiss the Lincoln Memorial Reflecting Pool vandalism case against former Olympian David Hearn, saying instead that damage to the pool was "the result of botched installation and not vandalism."

Earlier this month, Hearn, 67, pleaded not guilty to a single count of destruction of property causing more than $1,000 in damage to the pool. Hearn has repeatedly said that he simply touched the water in the pool out of curiosity last month. But the government alleged he had ripped a piece of sealant at the bottom of the reflecting pool after it had undergone a $14-million renovation.

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"This was a deliberate act to damage the reflecting pool at the National Mall that members of the National Park Service actually have worked hard to restore and have witnessed," U.S. Attorney for D.C. Jeanine Pirro previously said of Hearn's actions.

In a filing late Friday, the U.S. Attorney's Office for D.C. switched course, saying it had relied on initial reports provided by the Department of the Interior (DOI) and U.S. Park Police (USPP).

Friday's filing reads: "It was not until after the return of the indictment, that the DOI provided additional documents ... indicating that damage to the Lincoln Memorial Reflecting Pool in June 2026 was the result of flawed installation by the contractor, Atlantic Industrial Coatings ("AIC") and the rush to complete the project prior to events associated with the America 250 celebration in the weeks surrounding Independence Day 2026."

After the renovation was completed, the pool's blue lining began peeling off in chunks and algae blooms turned the waters a murky green. The project has been widely criticized as a waste of taxpayer money.

Lawyers for Hearn responded to Friday's decision in a statement , saying the Trump administration owes Hearn an apology for a case that should have never been brought.

"Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong," the statement read. "The government's approach was ready, fire, aim. The administration owes Mr. Hearn an apology."

NPR has reached out to both the Department of the Interior and the White House for comment.