By The Epoch Times | Created at 2026-10-01 20:11:56 | Updated at 2026-10-01 23:40:30
3 hours ago
The Lincoln Memorial Reflecting Pool is refilled after it was repaired and repainted as part of President Donald Trump’s “Make the District of Columbia Safe and Beautiful” initiative ahead of America’s 250th anniversary in Washington on June 4, 2026. Madalina Kilroy/The Epoch Times
A judge in Washington on Oct. 1 dismissed a criminal case against David Hearn, a former U.S. Olympian, with prejudice.
That means federal prosecutors, who requested the case be thrown out without prejudice, cannot refile charges in the future.
“A dismissal without prejudice would not account for the exceptional circumstances presented by this case,” District of Columbia Superior Court Judge Todd Edelman wrote in a 26-page order.
Lawyers representing Hearn, 67, celebrated the move.
“This decision is a victory for the rule of law and for an innocent American seeking justice,” they said in a statement.
“This administration chose to pursue an unjust prosecution against Mr. Hearn. It should not get repeated chances to wield the power of criminal prosecution against someone who should never have been prosecuted,” they said. “Today’s decision protects Mr. Hearn from that threat, allowing him to move forward with his life as he deserves.”
Hearn was charged for allegedly vandalizing the Lincoln Memorial Reflecting Pool.
Department of Justice officials over the summer asked the court to dismiss the case after officials said that the damage in question was actually caused by a contractor working to renovate the memorial in the nation’s capital.
Lawyers for Hearn then told the judge that the dismissal should be without prejudice, arguing that the move would prevent Hearn from “continued harassment based on the same discredited allegations” against him, and referenced reports suggesting prosecutors were planning to bring new charges against the former Olympian canoe slalomist.
The U.S. Attorney for the District of Columbia’s office said that the dismissal should be without prejudice, in part because Hearn was observed placing his hands in the pool and pulling on liner.
“The caselaw makes clear that dismissal without prejudice is the default precisely because additional evidence of guilt could come to light before the statute of limitations expires,” prosecutors said. “The mere potential that charges may be re-brought does not constitute the type of harassment for which a dismissal with prejudice is appropriate.”
Edelman said that the prospect of future charges against Hearn was unlikely. He also referenced how President Donald Trump criticized the decision to move for dismissal and called for reinstating the prosecution.
“While all defendants deal with some degree of uncertainty regarding the odds of re-prosecution after a case has been dismissed, Mr. Hearn faces the unique possibility that the government will revive this case—one that it has already announced to be meritless—based on political pressure brought by the President of the United States upon his subordinate officers,” the judge wrote.
“The Court respects the authority of the Office of the United States Attorney to decide which cases to prosecute and which to dismiss. 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.”
