Former Olympian fights to have Reflecting Pool vandalism charges permanently dismissed
Former Olympian accused of vandalizing Reflecting Pool fights to have charges permanently dismissed
Former Olympian David Hearn, who was accused of vandalizing the Reflecting Pool, is fighting to have the charges dismissed with prejudice.
WASHINGTON - A critical legal decision is on hold for a former Olympian accused of vandalizing the Lincoln Memorial Reflecting Pool in Washington, D.C.
What we know:
Felony charges against former Olympic canoeist David Hearn were dropped in July. However, on Friday, a judge weighed whether to dismiss the case with or without prejudice, meaning the government could potentially charge Hearn again.
On Friday, the judge decided to take the case under advisement, saying he would issue a ruling very soon. He did not give a specific date for the ruling.
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The big takeaway in court was that there was no crime because the lining of the pool was already damaged.
A large group of demonstrators convened outside the courthouse in support of Hearn during Friday's hearing.
Inside the courtroom, a judge listened to arguments from both sides.
Hearn's defense team argued that the judge should dismiss the case with prejudice to prevent future prosecution. They called the case extraordinary harassment of, not only Hearn, but of his counsel being "dragged into it as well." His team noted that they have never seen a case like this.
Hearn's defense team also said it is not right that the case should hang over Hearn's head.
The government argued that the case should be dismissed without prejudice, allowing for future prosecution should additional evidence surface.
What they're saying:
"I just want to thank everyone that you're supporting me across the country," Hearn said. "I want to thank my lawyers. It's not about me; it's about defending democracy."
"The judge said the decision would be issued very soon... forthcoming shortly," said Hearns' attorney, Mary Dohrmann.
During Friday's hearing, court officials discussed how investigators learned that a piece of the Reflecting Pool lining was already peeling. The government admitted it is not currently investigating the case.
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The judge also cited President Donald Trump's comments calling the dismissal a mistake.
The Source: Information in this article comes from the DC Superior Court.