Judge dismisses Reflecting Pool case against former Olympian David Hearn with prejudice

A D.C. Superior Court judge has dismissed the criminal case against former Olympian David Hearn with prejudice, preventing prosecutors from bringing the same case against him again.

Judge Todd E. Edelman issued the ruling Thursday in Hearn's case, which stemmed from allegations that he damaged the newly renovated Lincoln Memorial Reflecting Pool.

Hearn was indicted on a felony charge of destruction of property after authorities alleged he damaged a section of the pool's liner. Prosecutors later moved to dismiss the case after determining that the damage was caused by problems with the contractor's installation of the pool liner, rather than Hearn's actions.

The government initially sought to have the case dismissed without prejudice, which would have left open the possibility of bringing the charge again.

Hearn's attorneys argued the case should instead be dismissed with prejudice.

In his order, Edelman said the government's legitimate interest in preserving the possibility of a future prosecution was limited and cited the possibility that Hearn could face another prosecution despite the government's determination that the case lacked merit.

Edelman wrote that the circumstances created an "extraordinary possibility" that Hearn could face a "meritless, politically motivated prosecution" and said the court had an obligation to protect him from the uncertainty of a dismissal without prejudice and what would objectively amount to harassment.

The judge also addressed public statements from President Donald Trump regarding the case and the pressure placed on the U.S. Attorney's Office.

Edelman wrote that, because of the pressure Trump had placed on his subordinates in the U.S. Attorney's Office, Hearn could potentially be prosecuted for a crime that the office had determined he did not commit.

The judge ultimately ordered that the case be dismissed with prejudice.

The ruling closes the case against Hearn and prevents the government from recharging him over the allegations at issue in the case.