David Hearn Reflecting Pool case awaits ruling on permanent dismissal
A D.C. judge will decide whether the dismissed case against former Olympian David Hearn can be brought again if new evidence emerges.
By Maya Okafor · Markets Writer
· 3 min read
A D.C. Superior Court judge is weighing whether the David Hearn Reflecting Pool case should be closed permanently or dismissed in a way that would let prosecutors seek a new indictment later. The charge against the former Olympic canoeist has already been dismissed, but the decision matters because it will determine whether Hearn can again face prosecution over the same alleged incident.
Associate Judge Todd Edelman said at a September hearing that he would issue a ruling soon, according to CNBC and Fox 5 DC. He did not announce a timetable.
Will David Hearn’s Reflecting Pool case be dismissed permanently?
That depends on whether Edelman dismisses the case with prejudice or without prejudice. A dismissal with prejudice bars prosecutors from bringing another case against Hearn over the same alleged conduct. A dismissal without prejudice ends the current case but leaves prosecutors able to pursue a new indictment if they later obtain sufficient evidence.
Federal prosecutors asked Edelman to dismiss without prejudice. Assistant U.S. Attorney Michael Spence said there was no current basis to sustain a criminal case, CNBC reported, but argued that prosecutors should retain the option to return to a grand jury if new evidence appears.
Hearn’s defense team is seeking a dismissal with prejudice. Attorney Steve Levin argued that there was no reason to leave the prospect of another prosecution hanging over Hearn for years, according to CNBC. In court filings, Hearn’s lawyers have also alleged political pressure and prosecutorial bad faith, claims that represent the defense position rather than findings by the court.
Why was the charge against Hearn dismissed?
Hearn, 67, was indicted in early July on a felony destruction-of-property charge after prosecutors alleged he damaged part of the liner at the Lincoln Memorial Reflecting Pool on June 19. He pleaded not guilty.
The Justice Department later moved to drop the case after learning that damage to the pool’s lining resulted from a flawed or rushed contractor installation, according to reports by ABC News, Courthouse News and CNBC. Edelman dismissed the criminal case in August but reserved the question of whether that dismissal would permanently prevent a future prosecution.
At the September hearing, Edelman questioned why prosecutors obtained an indictment before receiving all relevant Interior Department information concerning the liner installation, CNBC reported. Spence also acknowledged that Hearn’s alleged actions did not create an economic impact on the liner and therefore did not amount to destruction of property under the charge at issue.
President Donald Trump has publicly criticized the decision to seek dismissal and has continued to characterize the incident as vandalism. Those remarks are political statements and do not change the government’s stated basis for seeking dismissal.
The remaining ruling is narrow but consequential for Hearn: it will decide whether the dismissed prosecution is final, or whether a future grand jury could be asked to consider a new case based on additional evidence.
This story draws on original reporting from CNBC.
