Reflecting Pool was damaged before Olympic athlete ever touched it, NPS official testifies
A witness in the case of David Hearn allegedly 'damaging' the Lincoln Memorial reflective pool has claimed it was already damaged before the former Olympian allegedly touched it.
Former US Olympian David Hearn was indicted by a grand jury on July 2 after he was arrested in Washington, D.C, last month following accusations that he had damaged the Lincoln Memorial Reflecting Pool.
However, Hearn insisted that he was innocent, saying he did not 'rip, tear, destruct, destroy, or harm in any way, any part of the reflecting pool'.
The revelation was made in new court filings, released on Monday, July 27.
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Hearn, 67, was accused of causing more than $1,000 worth of damage to the pool, which is the amount needed in order to be charged with 'felony malicious destruction of a property'.
In the filings, they claim that the 'same repairs would have been required regardless of Hearn's conduct' and that 'he could not quantify any loss attributable to that conduct'.
"The witness's testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by David Hearn," his lawyers said.
"That testimony raises a substantial question whether the grand jury had legally sufficent evidence of the loss element necessary to support the indictment and whether the grand jury was properly instructed on the element," the filings read.
They then asked for access of the grand jury's 'instructions and proceedings' to determine whether they were 'correctly instructed on causation and loss'.
Hearn himself has previously told NBC News that 'the condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there'.
Last month, his lawyers said in a statement to PEOPLE: "If he can be charged with a felony for touching the reflecting pool, every American is at risk, and every American should be alarmed about this prosecution."
The statement then went on to accuse the administration of using the case to 'scapegoat' their client and "shift blame for their own failures."
The initial allegations against Hearn came following Trump's $16 million renovation of the pool, ahead of the United States' 250th anniversary.
To celebrate, the pool was painted 'American flag blue', but it started gaining attention worldwide as the pool was seen turning green from algae.
On June 19, Hearn stopped to look at the pool. He then put his hand in the water, to touch a piece of the pool's blue liner, which he says was already peeling.
"I didn't vandalize anything," the former canoeist told The Washington Post. "I didn't destroy or break or peel anything. By the time I realized what was going on, I was being put in handcuffs."
'Hitting out' at 'vandals' on July 14, The POTUS said on Truth Social: "We drained the beautiful ‘Reflecting Pool’ today in order to fix the scars and damage that was done by the Vandals two weeks ago.
"We wanted to wait until after the July 4th Weekend. The slashes were 300 yards long, and the floor of the pool was cut and then pulled upward, with great force, by these thugs.
"The Parks Department had to empty the water in order to fix the water tight basin. It will be refilled and put back into service soon. These Country hating sleazebags should pay a big price for the damage done. MAKE AMERICA GREAT AGAIN! President DJT."
Kiesha Dosanjh