A federal judge in Washington, D.C., on Thursday formally dismissed the felony criminal case against former three-time Olympian David Hearn over alleged vandalism at the Lincoln Memorial Reflecting Pool.
D.C. Superior Court Judge Todd E. Edelman, an Obama appointee, granted the government’s motion and dismissed the indictment against Hearn.
The order comes after U.S. Attorney Jeanine Pirro’s office moved last week to drop the charges, citing newly produced Interior Department documents that prosecutors said pointed to a “botched installation” by the contractor rather than deliberate vandalism.
However, Edelman postponed deciding whether the dismissal should be with prejudice, which would prevent prosecutors from attempting to charge Hearn again over the same alleged conduct.
The judge ordered additional filings from both sides and plans to hold oral arguments before making that decision, according to ABC News.
In other words, the indictment is gone, for now, but the door to another prosecution has not yet been nailed shut.
More from The Hill:
A local judge in Washington, D.C., on Thursday formally dismissed the felony charge accusing Olympic canoeist David Hearn of vandalizing the Lincoln Memorial Reflecting Pool after U.S. Attorney Jeanine Pirro backed away from the case.
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Though his order Thursday officially drops the charge against Hearn, the judge has yet to decide whether it will be dismissed with prejudice. That would prevent the Justice Department from trying to bring the charge against Hearn again.
That’s what Hearn wants, but Pirro hopes to leave the door open.
“Both parties thus agree that the case against Mr. Hearn should be dismissed; they disagree as to the nature of that dismissal,” Edelman noted in his order.
He’ll hold a hearing after both sides submit additional written briefs later this month.
Hearn, 67, a Maryland resident and three-time Olympic canoeist, was the only person charged with a felony in the high-profile matter. He faced one count of destruction of property valued at more than $1,000, a charge that carried up to 10 years in prison. He had pleaded not guilty.
Prosecutors had accused Hearn of “forcefully and violently” ripping up a section of the newly installed blue lining at the Reflecting Pool on June 19 while on a bike ride.
Hearn maintained he simply touched peeling material out of curiosity and immediately stopped when told to do so by a park worker. His attorneys blasted the prosecution from the start as an abuse of power and demanded an apology.
In their July 31 motion, Pirro’s office said Interior Department materials received after the indictment “significantly undermine” the original case.
The filing stated the widespread peeling resulted from “flawed installation by the contractor, Atlantic Industrial Coatings,” and the rush to finish the project ahead of America 250 celebrations around Independence Day.
Prosecutors noted the liner began failing almost immediately and that damage appeared even in the middle of the pool where vandals would be unlikely to reach.
President Trump has repeatedly rejected the “botched installation” explanation. He has insisted the major damage was caused by vandals and publicly disagreed with the decision to drop the case, saying Pirro “choked” and “folded.”
Trump has long highlighted the Reflecting Pool renovation as part of his effort to restore and beautify the National Mall.
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