The Justice Department has moved to dismiss the criminal case against Olympian David Hearn, who was accused of damaging the Lincoln Memorial Reflecting Pool. The department cited "flawed installation by the contractor" as the cause of the damage, acknowledging that evidence significantly undermined the basis for the original indictment.

Hearn had pleaded not guilty to a felony destruction of property charge earlier this month. The U.S. Attorney for the District of Columbia had accused him of forcefully ripping up parts of the pool floor. The decision to drop the case comes after new information emerged regarding the renovation project.

The U.S. Attorney's office stated in a court filing that they only learned of evidence pointing to a rushed and flawed installation process after Hearn had been indicted. These recent materials indicated repeated failures of the pool's lining during installation and extensive peeling, attributed to contractor Atlantic Industrial Coatings.

The filing revealed that U.S. Attorney Jeanine Pirro visited the drained Reflecting Pool on July 17 and became aware of significant damage. This prompted the DOJ to request further information from the Interior Department, which provided documents detailing the contractor's alleged "flawed installation" and a rush to complete the project before the America 250 celebration.

Attorneys for David Hearn issued a statement asserting that the case against their client should never have been brought. They characterized the government's approach as "ready, fire, aim" and stated that the dismissal does not erase the "abuse of government power" in arresting and charging their client. They added that the administration owes Mr. Hearn an apology.

The U.S. Attorney's office has declined to comment on the dismissal. The motion to dismiss the indictment was filed without prejudice, meaning the case could potentially be refiled.

The Reflecting Pool renovation was a significant project aimed at beautifying Washington, D.C. The issues with the lining and installation appear to have been a central factor in the DOJ's decision to drop the charges against Hearn.

It remains unclear when a judge will rule on the U.S. Attorney's motion to dismiss the case.