WASHINGTON — A former Olympian charged with deliberately damaging the Lincoln Memorial Reflecting Pool is seeking access to all of the closed-door testimony that led to his indictment, pointing to “irregularities” in those grand jury proceedings.
In a court filing Monday, David Hearn’s attorneys requested an order for the government to turn over a complete transcript of all grand jury proceedings. They also want prosecutors to disclose the legal instructions they gave to grand jurors about the elements of Hearn’s alleged crime.
Hearn pleaded not guilty this month to one felony count of property destruction and has a trial scheduled to start Sept. 28 in D.C. Superior Court. The charge, which carries a maximum prison sentence of 10 years upon conviction, accuses Hearn of causing at least $1,000 in damage to the pool.
But his lawyers question whether prosecutors properly presented the grand jury with adequate evidence to support the amount of damage alleged in Hearn’s indictment. A National Park Service official testified that the pool already was damaged before Hearn allegedly touched it, couldn’t quantify any damage attributable to Hearn and said the same repairs would have been required regardless of his conduct, defense attorneys said.
“The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn,” his lawyers wrote. “According to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip.”
Hearn’s attorneys are basing those arguments on their limited review of grand jury testimony. They want court-ordered access to all the proceedings.
A spokesperson for U.S. Attorney Jeanine Pirro’s office in Washington didn’t immediately respond to an email seeking comment on Hearn’s arguments.
Hearn previously asked the court to dismiss the case, which stems from the troubled multimillion-dollar renovation project championed by President Donald Trump. His attorneys argued the government has failed to properly preserve important physical evidence from the Reflecting Pool.
Trump, a Republican, has claimed that vandals have damaged the pool, but administration critics attribute the problems to shoddy repair work. During a speech Monday at General Motors in Michigan, Trump claimed a “sick” person cut the liner in the pool but said the attraction is receiving treatment.
“It’s in the hospital now, but it’s going to get better very soon,” Trump said. “It’s almost ready to open.”
Hearn and his supporters claim his prosecution is a politically motivated attempt by the Trump administration to deflect blame and scapegoat others.
Hearn told The Associated Press he was detained by National Guard troops and U.S. Park Police for five hours after stopping by the pool during a bike ride on June 19. He said he reached in to examine the pool’s newly peeled coating and briefly touched a chunk attached to the side of the pool, but said he obeyed a park worker who told him to let go of it.
Hearn, 67, of Bethesda, Maryland, competed in three Summer Olympics, earning his best finish, ninth, at the 1996 Atlanta Olympic Games, the U.S. Olympic and Paralympic Committee says on its website.
At least three other people have been charged in the same court with misdemeanors for allegedly removing pieces of paint from the pool.
Associated Press writer Darlene Superville contributed to this report.
