Witness says Lincoln Memorial pool was damaged before alleged vandalism

Individuals peek over the fence to see the drained Lincoln Memorial reflecting pool on 27 July 2026 in Washington. Photograph: Allison Robbert/AP View image in fullscreen Individuals peek over the fence to see the drained Lincoln Memorial reflecting pool on 27 July 2026 in Washington. Photograph: Allison Robbert/AP Witness says Lincoln Memorial pool was damaged before alleged vandalism Former Olympic canoeist Davey Hearn’s lawyers say testimony undermines felony charge A witness in the case against a former Olympic canoeist accused of vandalizing the Lincoln Memorial reflecting pool testified that the area of the pool liner was already damaged and would have required repairs regardless of David “Davey” Hearn’s alleged actions. A court filing released on Monday contained that revelation – and in the document, lawyers for Hearn requested access to all grand jury testimony that led to his indictment, pointing to “irregularities” in those proceedings. Hearn’s lawyers also requested that prosecutors disclose the legal instructions they gave to grand jurors about the elements of the criminal charge handed up against him. “The grand jury transcripts disclosed to the defense thus far contain other irregularities that reflect a misleading presentation to the grand jury and a need for review of the entire grand jury record in this matter,” Hearn’s attorneys wrote. Hearn pleaded not guilty earlier in July to one felony count of property destruction – a charge that could result in a 10-year prison sentence and a $1,000 fine. He has a trial scheduled to start on 28 September in Washington DC superior court. In its court filing on Monday, Hearn’s legal team questioned whether prosecutors properly presented the grand jury with adequate evidence to support the amount of damage alleged in the indictment at the center of the case. A National Park Service (NPS) official testified that the pool already was damaged before Hearn allegedly touched it, couldn’t quantify any damage attributable to the accused and said the same repairs would have been required regardless of his conduct, defense attorneys contended. “The witness’s testimony established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr Hearn,” his lawyers wrote. “According to the witness, the pool was leaking more than one million gallons of water per week; its expansion joints had exceeded their service life; and the liner already contained a rip.” Hearn had 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.” The shallow reflecting pool’s condition prior to the US’s semiquincentennial celebrations on 4 July became a contentious partisan political issue after Donald Trump initiated a $16m renovation that involved lining the pool with a specialized blue paint in “American flag blue”. But the president’s proscribed fix for problems including leaks and algae blooms di