The former Olympian accused of vandalizing the Reflecting Pool in a case championed by President Donald Trump has officially had his case dismissed.
David “Davey” Hearn’s case was dismissed with prejudice, meaning the same case cannot be brought against him again.
In a scathing order issued Thursday, Superior Court Judge Todd Edelman blasted the government’s actions.
“Because of the extraordinary possibility that Mr. Hearn will nonetheless face a meritless, politically motivated prosecution, the Court has an obligation to protect him from the uncertainty that a dismissal without prejudice entails, and from what, objectively, would be harassment.”
The Office of U.S. Attorney for D.C. Jeanine Pirro did not immediately respond to an inquiry.
Trump had lashed out at Hearn over political donations and because one of his lawyers, Norm Eisen, has been a longtime Trump critic involved in many legal battles against the administration.
Eisen and Hearn’s other attorneys — Mary Dohrmann, Steve Levin and Michael Bromwich — said in a joint statement that the decision “is a victory for the rule of law and for an innocent American seeking justice” and said the case never should have been brought in the first place.
“This was a miscarriage of justice, and what happened to Mr. Hearn is an outrage that should shock every American,” they wrote. “This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted. Today’s decision protects Mr. Hearn from that threat, allowing him to move forward with his life as he deserves.”
After the Trump administration spent more than $14 million to change the color of the Reflecting Pool, the new liner began peeling off. Trump blamed vandals, and four people were arrested, including Hearn, a three-time Olympic athlete who was the only person charged with a felony.
Hearn has insisted upon his innocence since the day he was arrested. He said he was riding his bike in June when he touched a piece of the coating that already was detached.
At the time of his indictment, Pirro said in no uncertain terms that Hearn was a vandal.
“He damaged the pool,” she said.
In August, her office filed a motion with the court seeking to dismiss the charges, writing that the damage was not caused by Hearn and others but instead was “a result of flawed installation by the contractor.” Prosecutors wrote that the Department of Interior had not told them about the issues with the installation.
On social media, Trump slammed Pirro’s decision and maintained that “the major damage was caused by VANDALS!”
Hearn’s attorneys said in August that he could sue the federal government.
“All options are on the table. For now, we’re focused on getting the case dismissed,” said Norman Eisen, chairman of the Democracy Defenders Fund. “The counsel team is actively discussing what, if any, next steps will follow that.”
News4 asked Eisen how Hearn is doing and whether he has been subjected to any adverse attention, including threats.
“There’ll be a time and a place to discuss what the experience has been like for him. It has been difficult, as you can imagine, but he’s keeping his attitude of fighting back strong,” he said.
“As you can imagine, when the most powerful people in the world say you could be going to prison for up to 10 years, make false claims about you, that’s profoundly unsettling,” Eisen said. “But Davey Hearn is a three-time Olympian, multiple times world champion and canoeist. And he is maintaining a fighting attitude. What other choice does he have? He cares about this case obviously for himself, but it’s of the utmost importance to our democracy to fight back when innocent people are targeted by the regime. So, his attitude is to continue fighting for justice.”
Former Olympian David “Davey” Hearn could sue the federal government as prosecutors drop felony charges that he damaged the Reflecting Pool. His attorney spoke with News4’s Mark Segraves about what’s next and how Hearn is doing.
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