Judge dismisses Reflecting Pool vandalism case against former Olympian David Hearn

The judge has not yet decided whether it will be dismissed with prejudice.

A federal judge has dismissed the Lincoln Memorial Reflecting Pool vandalism criminal case against former Olympian David Hearn, according to an order filed on Thursday.

In his order granting in part the Department of Justice's request to dismiss the case , Associate Judge Todd Edelman said he would wait to determine whether to grant the dismissal with prejudice -- effectively blocking the government from trying to charge Hearn again for the same alleged crime in the future -- after hearing more arguments from the government and Hearn's attorneys.

Edelman has set forth a filing schedule for both parties and said he would schedule a hearing for oral argument at some point when all submissions are made.

The Justice Department moved last week to dismiss the criminal case against Hearn, acknowledging the damage to the pool "was the result of flawed installation by the contractor." U.S. Attorney Jeanine Pirro's motion sought to dismiss the case without prejudice, which could still leave Hearn exposed to a future indictment.

Attorneys for Hearn filed a motion this week seeking to have the indictment against him dismissed with prejudice, citing "exceptional facts and circumstances."

"Defying both decency and common sense, the government proceeded to indict Mr. Hearn before it had obtained or evaluated the information necessary to establish a good-faith basis for the charge," the filing stated.

"The Court should not leave the defendant subject to the possibility of renewed prosecution," the filing stated.

Hearn, a former U.S. Olympic canoeist, pleaded not guilty to a felony destruction of property charge last month after Pirro's office accused him of "forcefully and violently" ripping up parts of the pool floor.

Pirro's office said in its filing seeking to drop the case that it only learned of evidence pointing to "a rushed and flawed installation process" after Hearn had been indicted by a grand jury.

President Donald Trump this week blasted Pirro's move to drop the case, saying she "choked" and "folded like an umbrella," and continued to push allegations that vandals were responsible for cutting and tearing the pool lining.

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