Judge permanently dismisses case against David Hearn

A D.C. Superior Court judge on Thursday permanently dismissed the felony case against former Olympic canoeist David Hearn over alleged damage to the Lincoln Memorial Reflecting Pool, barring prosecutors from bringing the same charge again. Judge Todd Edelman dismissed the case with prejudice after prosecutors had moved to abandon it, saying additional Interior Department information pointed to faulty installation, rather than Hearn, as the cause of widespread peeling in the pool’s lining. The ruling resolved whether the Justice Department could preserve the option of recharging Hearn. Prosecutors had sought dismissal without prejudice, which would have left that possibility open. Edelman instead concluded that keeping the case available for a future prosecution was not justified, according to his order. In explaining the decision, Edelman cited President Donald Trump’s public criticism of the decision to drop the case and the possibility of political pressure prompting a renewed prosecution. He wrote that the prospect of future evidence supporting a new case was theoretical, and that the grand-jury process would not prevent prosecutors from responding to presidential pressure.