A federal judge has permanently blocked prosecutors from refiling charges against David Hearn for damaging the Lincoln Memorial Reflecting Pool. D.C. Superior Court Judge Todd E. Edelman issued a 26-page ruling Thursday that bars the government from pursuing further legal action in the case.
The decision follows a hearing in early September, where federal prosecutors indicated they might attempt to refile charges after previously seeking dismissal. U.S. Attorney Jeanine Pirro had moved to drop the case in August, citing insufficient information provided by the Interior Department regarding the incident.
Judge Edelman determined that the damage to the pool was not caused by Hearn’s actions. Instead, the ruling found that a contractor’s “rushed and botched” installation of the pool lining during renovations was responsible for the observed harm. The judge concluded that Hearn’s conduct had no effect on the value of the historic structure.
In his written opinion, Edelman emphasized that the government should not be allowed to compound its own errors at the defendant’s expense. “However, in the exceptional circumstances posed by this case, the government has no right to retain the ability to compound the errors it has already made, or even to threaten to do so, at Mr. Hearn’s expense,” Edelman wrote.