Olympic Canoeist Arrested for Touching Reflecting Pool Liner Sees Charges Dismissed

A Curious Cyclist, a Crumbling Pool, and a Felony Charge

Three-time U.S. Olympian David Hearn told ABC News that police arrested him after he touched a piece of blue coating partially detached from the Lincoln Memorial Reflecting Pool — a stop he made during an afternoon bike ride as a "curious, concerned citizen." What followed was a legal saga that many observers say reveals far more about political pressure than actual criminal conduct.

Given his background in materials science, Hearn said he was interested to see the situation for himself after reading reports of algae and peeling paint. "I saw a piece of this loose end of this blue coating … I reached out and touched the end of that piece that was loose but still attached to the bottom," he told ABC News. A National Park Service employee told him to stop, and he walked back to his bike — where National Guardsmen informed him that Park Police wanted to speak with him.

"I had no idea I was about to be arrested," Hearn said. "They didn't say they were charging me, but they did start to handcuff me. They did not ever read me my rights. They did not allow me any phone calls for the ensuing five hours, and they did not detail the charges that were going to be leveled against me."

From Misdemeanor to Felony — and Back Again

Hearn was initially arrested on June 19 on a misdemeanor charge. U.S. Attorney Jeanine Pirro then alleged that Hearn had "willfully and violently" damaged a two-square-foot piece of sealant at the pool. Hearn, 67, faced a possible maximum sentence of 10 years in prison after the charge was escalated to a felony.

The pool had been a top priority for President Trump. Since April, it underwent a more than $14 million rehabilitation project — well above the initial cost estimate of under $2 million. A new liner and coating were added in a color Trump called "American flag blue" for the country's 250th anniversary celebrations, but the water turned green with algae instead.

Hearn's legal team said in a statement: "Davey Hearn is innocent. These charges are outrageous and should be alarming to every American. This indictment reflects the administration's effort to shift blame for their own failures." After his arraignment, one of Hearn's attorneys said "every American should be alarmed by this prosecution" as supporters rallied in his favor.

The Real Culprit: A Botched Installation

Federal prosecutors ultimately moved to dismiss the indictment, saying the damage was caused by "botched installation and not vandalism." In a court filing, prosecutors conceded the damage was actually "the result of flawed installation by the contractor, Atlantic Industrial Coatings, and the rush to complete the project prior to events associated with the America 250 celebration."

A recent visual inspection revealed damage throughout the pool, including in the middle — where prosecutors acknowledged a vandal would not likely have attempted to peel the lining. A National Park Service official had also testified that the pool was already damaged before Hearn allegedly touched it, couldn't quantify any damage attributable to Hearn, and said the same repairs would have been required regardless of his conduct.

A federal judge officially dismissed the criminal case against Hearn, who had been charged with felony destruction of property based on what the court acknowledged were false claims that he tore up the liner of the Reflecting Pool. But a crucial question remains open: whether the dismissal will be permanent, or whether the Justice Department will be allowed to revive it.

What Comes Next

Hearn's lawyers argued the dismissal should be "with prejudice," citing what they called "the extraordinary circumstances of this case." They said the indictment was "motivated by political considerations and devoid of adequate factual support" from the very start, and that a permanent dismissal is needed to prevent the risk of "harassment and bad faith" by the government.

Meanwhile, conversations between the White House and the DOJ's Criminal Division were reported to have focused on whether there was a way to bring the case potentially as a misdemeanor — though those discussions were exploratory and no decision was made. Hearn's attorneys have been blunt in their assessment. "The case was dismissed because there was no evidence to support charging Mr. Hearn. That won't change with more people spending more time to figure out a way to salvage it. At some point DOJ should simply cut its losses and pursue actual criminal activity rather than continue to harass Mr. Hearn."

The story of David Hearn — a decorated Olympian who stopped to touch a crumbling pool liner during a bike ride — has become a