DOJ moves to dismiss Reflecting Pool vandalism charge against Olympian David Hearn

The Justice Department moved to dismiss the criminal case against Olympian David Hearn, who they alleged damaged the Lincoln Memorial Reflecting pool, acknowledging the damage to the pool "was the result of flawed installation by the contractor."

Hearn pleaded not guilty to a felony destruction of property charge earlier this month after the U.S. Attorney for the District of Columbia Jeanine Pirro accused him of allegedly "forcefully and violently" ripping up parts of the pool floor.

Pirro's office said in a filing Friday seeking to drop the case that it only learned of evidence pointing to "a rushed and flawed installation process" after Hearn had been indicted by a grand jury.

The filing stated Pirro herself visited the Reflecting Pool on July 17 after it had been fully drained and became aware of significant damage throughout the pool area, which spurred the DOJ to request more information from the U.S. Interior Department.

Those documents indicated a flawed installation by the contractor, Atlantic Industrial Coatings, "with repeated failures of the lining during the installation process, and extensive peeling of the lining throughout the Reflecting Pool" and a rush to complete the renovation project before the America 250 celebration on July 4, according to the filing.

"Because these recently-produced materials significantly undermine the evidentiary basis for the indictment initially supplied by the DOI and U.S. Park Police, the USAO-DC respectively moves to dismiss the indictment without prejudice," the court filing said, meaning the case could be brought again.

Attorneys representing Hearn said in a statement Friday that the case against their client should never have been brought.

"Its dismissal today does not erase the abuse of government power in arresting and charging a patriotic American who did nothing wrong. The government's approach was ready, fire, aim," the statement from attorneys Norm Eisen, Mary Dohrmann and Steve Levin said.

"The administration owes Mr. Hearn an apology," they added.

The U.S. attorney's office declined to comment on the dismissal of charges.

It is not known when the judge will make a decision on the U.S. attorney's motion.

Billed as a signature project to beautify Washington, D.C. by President Donald Trump, the Lincoln Memorial Reflecting Pool was plaguedwith algae and peeling paint since the $16 million renovationof the landmark was completed.

Atlantic Industrial Coatings was paid more than $14.6 million to resurface the Lincoln Memorial Reflecting Pool, according to the most recent federal contracting records.

The company was awarded the contract after a no-bid process in part to expedite the project in time for July 4.

Last month, the company acknowledged in a statement that "some areas in the Reflecting Pool" required repairs. The company did not immediately respond to a request for comment about the DOJ's conclusions about the damage to the reflecting pool.