Evidence presented by government prosecutors arguing against Olympian David Hearn, who stands accused of vandalizing the Lincoln Memorial Reflecting Pool, may have already blown the case. According to Lawfare senior editor Roger Parloff, evidence contained in the government’s original warrant provides obvious, photographic proof that he could not have vandalized the pool.
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As Parloff posted on Wednesday, “Attys for Reflecting Pool defendant David Hearn say govt witness told govt that photos Hearn took showing damaged liner (published in WaPo, e.g.) were taken *before* he touched the water — drawing into question how he could’ve damaged it.” Parloff wrote this over a screenshot of one of the photos, which a caption says was taken just before his arrest and shows a partially detached piece of the pool liner.
So a government witness has already noted that the pictures were taken before he touched the water, and what’s more, writes Parloff, the government’s own seizure warrant for Hearn’s phone “admits that Hearn’s photos were taken before the touching.”
“In other words,” argues the defense, “Mr Hearn’s widely published photo proves that he caused no damage to the Reflecting Pool.”
This is a humiliating turn for President Donald Trump, who raged about the prosecution of alleged Reflecting Pool “vandals” who he claims caused tears in the pool liner and blooms of algae, despite providing no evidence. According to the Associated Press, “Hearn has said he reached inside the pool to examine the peeled sealant and let go of a chunk when he was told to by a park worker. He is accused of causing more than $1,000 in damage.”
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“Every American should be alarmed about this prosecution,” said Hearn’s attorney after he pleaded not guilty at a hearing on Thursday. “It is not a crime to touch the Reflecting Pool.”
At the hearing, which the AP says was “packed” with spectators, “D.C. Superior Court Judge Carmen McLean did not require Hearn to be supervised by the court while he is free awaiting a trial. A status hearing was scheduled for Aug. 5. A prosecutor, Kevin Reddington, said the government wasn’t seeking any court supervision for Hearn, but just a ‘stay-away order’ without specifying in court where it wanted to keep Hearn away from. Mary Dohrmann, one of Hearn’s attorneys, urged the judge not to impose any conditions of court supervision, calling Hearn an ‘upstanding citizen and member of the community.’”
“The government’s evidence is weak,” she added.
Hearn’s attorneys have argued that the case is based on a “concocted narrative,” asserting that “this indictment reflects the administration’s effort to shift blame for their own failures. The justice system exists to determine facts, not to provide political cover.”
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