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Judge Sets Sept. 28 Trial for Ex‑Olympian as Defense Says Pool Evidence Is Missing

A defense motion says the government drained the emptied Reflecting Pool, altering the liner so crucial material cannot be forensically tested.

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

  • A D.C. Superior Court judge on Monday set a jury trial to begin Sept. 28 for David Hearn, who was indicted on July 2 on a felony count of destruction of property for allegedly pulling up two square feet of the Lincoln Memorial Reflecting Pool liner.
  • Hearn’s lawyers filed a motion to dismiss after a July 16 inspection of the drained pool showed a section of the liner they say is missing despite a written preservation demand sent to prosecutors on July 8.
  • Judge Todd Edelman warned the government to preserve the pool and told prosecutors they risk undermining their case if remedial work continues without allowing defense experts to examine materials.
  • Prosecutors say they asked the Interior Department to hold the site but do not control National Park Service repair activity, and FBI and Park Service crews have been conducting forensic surveys and repairs while the basin has been drained.
  • Independent engineers and multiple news reports have raised that the dark coating and partial circulation work used in the fast‑tracked $14–16 million renovation may have failed, which could shift the dispute from vandalism to installation and procurement questions that Congress and preservation groups are now probing.