Ex-Olympian David Hearn Gets Sept. 28 Trial in $1,000 Lincoln Reflecting Pool Damage Case

Q: Why could touching a peeling pool liner lead to a decade in prison?

Because prosecutors say it was not mere touching but felony destruction of property on federal land, and the alleged damage crossed the legal threshold for a much harsher charge. In David Hearn’s case, the dispute is factual. Hearn says he only touched a piece of coating that was already peeling and did not change the pool’s condition. Prosecutors say he was seen “forcefully and violently” pulling up the liner with both hands and causing more than $1,000 in damage to the Lincoln Memorial Reflecting Pool. That dollar amount matters. Under D.C. law, destruction of property can be charged as a felony when the loss is $1,000 or more, with a maximum penalty of 10 years in prison. The pool is also a prominent public monument area that had just undergone expensive resurfacing, so even a small area of alleged damage can be valued above the threshold if repair costs are high. The case does not mean that simply touching water or a loose flap automatically brings a decade in prison. To convict, prosecutors would still have to prove that Hearn knowingly and maliciously damaged property that was not his, and that the damage amount meets the felony standard. That is why the evidence fight matters. The defense argues the liner was already failing and wants an expert inspection to test whether any damage was preexisting or caused by faulty renovation work rather than by Hearn.

3 articles · Updated · The Associated Press · Jul 21

Sept. 28 was set by a D.C. judge for David Hearn’s trial on a felony property-destruction charge tied to alleged damage at the Lincoln Memorial Reflecting Pool.
Hearn, 67, pleaded not guilty on July 9 and is seeking dismissal, arguing prosecutors failed to preserve key physical evidence after workers drained and altered the pool.
The felony count alleges at least $1,000 in damage and carries a maximum 10-year prison sentence; at least three others have also been charged with misdemeanors over removing paint pieces.
The case has become entangled with scrutiny of the pool’s troubled renovation, a Trump-backed project whose cost rose from an initial $1.5 million estimate to more than $16 million.