A federal judge has permanently blocked prosecutors from refiling charges against David Hearn for damaging the Lincoln Memorial Reflecting Pool, ruling that structural defects—not his actions—caused the harm. The decision ends a legal dispute over responsibility for damage to the historic Washington, D.C., landmark.
Judge Attributes Damage to Contractor Errors
D.C. Superior Court Judge Todd E. Edelman issued a 26-page ruling Thursday stating that federal prosecutors lack grounds to pursue further charges. Edelman determined that observed damage resulted from a contractor’s “rushed and botched” installation of the pool’s lining during renovations. The judge concluded that Hearn’s actions had no effect on the value of the Pool.
Prosecutors Previously Sought Dismissal
U.S. Attorney Jeanine Pirro initially moved to drop charges in August, citing insufficient information from the Interior Department. However, federal prosecutors signaled in early September they might refile, prompting a hearing. Edelman’s ruling prevents the government from compounding its errors at Hearn’s expense.
Pirro previously noted that the rush to complete the renovation project led to hasty work that was not remediated before fencing was removed. The court’s decision stands as a final barrier against renewed prosecution in the case.