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Judge Sets Sept. 28 Trial as Defense Says Reflecting Pool Liner Is Missing

Claimed loss of the pool liner raises constitutional preservation disputes that could derail the felony prosecution.

Nadine Seiler arrives in an inflatable frog costume, to support former Olympic canoeist David Hearn, who was indicted by a grand jury for allegedly damaging the Lincoln Memorial Reflecting Pool, before he arrives at D.C. Superior Court, Thursday, July 9, 2026, in Washington. (AP Photo/Rod Lamkey, Jr.)
Former Olympic canoeist David Hearn, second from left, with his attorney Norman Eisen, right, depart the D.C. Superior Court after pleading not guilty to allegedly damaging the Lincoln Memorial Reflecting Pool, Thursday, July 9, 2026, in Washington. (AP Photo/Rod Lamkey, Jr.)
FILE - American David Hearn, of Bethesda, Md., makes his way through the C1 slalom course, Sept. 17, 2000, at Whitewater Stadium in Penrith, Australia. (AP Photo/Koji Sasahara, File)
Bill Endicott, former Olympic canoeist David Hearn's coach, left, joins other to rally for Hearn, who was indicted by a grand jury for allegedly damaging the Lincoln Memorial Reflecting Pool, at D.C. Superior Court, Thursday, July 9, 2026, in Washington. (AP Photo/Rod Lamkey, Jr.)

Overview

  • D.C. Superior Court Judge Todd Edelman set a jury trial for Sept. 28 in the felony destruction‑of‑property case against former Olympian David Hearn.
  • Defense lawyers say that when they inspected the drained pool on July 16 they found a section of the new liner missing and have filed a motion to dismiss for the government's failure to preserve evidence.
  • Prosecutors allege Hearn forcefully pulled up about two square feet of the liner with his bare hands while Hearn says he only touched a piece that was already detached.
  • Independent experts and contractor records point to fast‑tracked, largely no‑bid renovation work, a darker polyurea‑style liner that raises water temperature, incomplete replacement of buried circulation pipes, and poor sealing as likely technical causes of peeling and algae.
  • Judge Edelman denied the dismissal without prejudice, urged prosecutors to preserve the site, set a Sept. 11 readiness hearing, and left open further disputes that could prompt congressional oversight, preservation litigation, and new forensic review.