(WASHINGTON) — Former U.S. Olympian David Hearn appeared in D.C. Superior Court on Thursday and pleaded not guilty through his attorney to the felony charge he faces for allegedly damaging the Lincoln Memorial Reflecting Pool.
Hearn was seated between his attorneys, Steven Levin and Mary Dohrmann, with another attorney, Norm Eisen, seated behind them in a packed courtroom.
A sizable crowd gathered outside the courtroom and Eisen said that Hearn was being used as a “scapegoat” for the administration’s “failures” on one of Donald Trump’s pet Washington beautification projects.
The Reflecting Pool turned green and pieces of the liner started bubbling up to the surface after it was painted last month. It was plagued with algae and peeling paint since the Trump administration completed the $16 million renovation of the landmark.
President Donald Trump shifted the blame to vandals, without providing evidence. Hearn was among those arrested and Trump threatened 10-year prison terms.
Dohrmann, a former federal prosecutor who previously served on Special Counsel Jack Smith’s investigative team, entered the not guilty plea on Hearn’s behalf. Assistant U.S. Attorney Kevin Reddington was the lone prosecutor from the Justice Department present at the hearing, which concluded after only 13 minutes.
Judge Carmen McLean ordered Hearn released on his own recognizance and set the next status hearing in the case for Wednesday, Aug. 5.
Hearn was indicted on July 2 for allegedly “maliciously” destroying part of the lining of the Reflecting Pool. The single count of destruction of property — for a 2 square foot section of the massive pool — carries a sentence of up to 10 years in prison.
Eisen, an attorney for Hearn, briefly addressed reporters outside of court, drawing cheers from the crowd as he maintained his client’s innocence while declining to discuss substantive details about the case.
“Today, Davey Hearn pled not guilty because he is not guilty,” Eisen said. “If Mr. Hearn 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. This indictment reflects the administration’s effort to scapegoat Davey and to shift blame for their own failures.”
Eisen previewed an aggressive legal strategy to challenge the legality of the indictment similar to other foes of Trump who have accused the administration of weaponizing the Justice Department against them.
“We anticipate receiving substantial discovery,” Eisen said. “The evidence will establish, as we have stated today, Mr. Hearn is innocent. We will reserve questions about exactly what happened for the trial. That is what the justice system is for.”
U.S. Attorney for the District of Columbia Jeanine Pirro announced the indictment in a press conference, alleging that Hearn was “forcefully and violently” pulling up the liner and “damaged approximately 2 square feet of sealant from the bottom of the pool.”
Hearn previously told ABC News that police arrested him after he touched a piece of blue coating that was partially detached from the bottom of the Reflecting Pool. He said he went for a bike ride on June 19 and stopped by the pool as a “curious, concerned citizen.”
“I did not remove, I did not damage, I did not rip, tear, break, destroy or harm any part of the Reflecting Pool,” Hearn told ABC News.
The Lincoln Memorial Reflecting Pool is now being drained after the issues, which Trump blamed on vandals, including one he said used a boxcutter or knife to make a 350-foot gash in the pool. When asked by ABC News last Thursday about the president’s claim, Pirro said, “Someone intentionally did a tremendous amount of damage to the pool, and you can actually see where all the cutting is.”
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