Former Olympian pleads not guilty to vandalizing Reflecting Pool

WASHINGTON (CN) — David Hearn, the former Olympic canoeist charged with felony destruction of property for purportedly tearing up a portion of liner from the Lincoln Memorial Reflecting Pool last month, pleaded not guilty on Thursday.

Hearn, who faces up to 10 years in prison, made his initial appearance in D.C. Superior Court before Associate Judge Carmen McLean, who ordered the Maryland man remain free before trial.

Norm Eisen, of the Washington Litigation Group and Hearn's lead defense attorney, said in a statement following the hearing that the former Olympian pleaded not guilty because he clearly is.

"If he can be charged with a felony for touching the Reflecting Pool, every American is at risk — and every American should be alarmed about this prosecution," Eisen said. "The indictment reflects the administration's effort to scapegoat Davey and to shift blame for their own failures."

McLean — who was first nominated by Barack Obama and then again by Donald Trump during his first term — sided with Hearn in finding he was not a flight risk nor a risk to the community.

Mary Dohrmann, senior counsel at the Washington Litigation Group and also representing Hearn, urged McLean not to impose any conditions of court supervision, slamming the government's evidence as weak and calling Hearn an "upstanding citizen and member of the community."

Kevin Reddington, assistant U.S. attorney for the U.S. Attorney's Office in Washington, said the government was not requesting any court supervision, but asked for a "stay-away order" without any details where Hearn should be kept from.

While Hearn did not address a group of supporters outside the D.C. Superior Courthouse in downtown Washington, he raised his fist in response to chants of "Davey!" He represented the United States in men's canoe slalom in the 1992, 1996 and 2000 Summer Olympics.

Hearn has previously stated he reached into the pool to examine newly peeled liner and momentarily grabbed a piece hanging to the side of the pool, but let go when a National Park Service employee told him to.

Trump and officials like Department of Interior Secretary Doug Burgum have repeatedly claimed there is a 350-foot gash in the 2,028-foot pool and blamed vandals with knives and boxcutters without providing a shred of evidence.

U.S. Attorney Jeanine Pirro announced the grand jury indictment on July 2, describing Hearn has having ripped out two square feet of the "American flag blue" epoxy primer material lining the bottom of the pool with his hands. At a press conference announcing the indictment, Pirro slammed the incident as an "affront to the dignity of our shared history."

Another three individuals were charged with misdemeanors, including Sophie Elaine Dennison-Gibby, Justin Toribio Carreno and Cameron Michael Thiers, who were each charged with destruction of property under $1,000. They also pleaded not guilty on Wednesday.

Eisen added in a statement that he and Dohrmann will defend Hearn vigorously.

"We have confidence in our justice system to see through this misuse of government power against an ordinary American based on a false and politicized narrative," Eisen said.

The Reflecting Pool project has become the most controversial in the city, with a $6.9 million no-bid contract awarded to Atlantic Industrial Coatings — which previously worked on projects at the Trump National Golf Club in Sterling, Virginia — to paint the bottom of the pool "American Flag blue" rather than the historic gray.

Trump pushed heavily for the project in advance of the nation's 250th anniversary celebration last weekend, which saw large crowds gather on the National Mall — following weeks of very little foot traffic at the president's "Great American State Fair."

The pool's filtration system and plumbing system still require repairs — it has faced algae problems since its 1924 completion — but even when the Obama administration spent over $34 million to specifically address those issues in 2012, the algae returned within a matter of weeks.

Since Hearn's arrest on June 19, National Guard troops began patrolling the pool itself and the National Park Service installed a perimeter fence and cameras warning passersby against loitering. Pirro said Hearn was one of seven individuals arrested on charges of vandalizing the Reflecting Pool.

McLean scheduled a status hearing for Aug. 5 to begin moving toward a potential trial.