Grand jury witness says Reflecting Pool damage predated Davey Hearn case

Lawyers for former Olympic canoeist David "Davey" Hearn have argued that a key grand jury witness admitted the Lincoln Memorial Reflecting Pool was already damaged before Hearn entered the water.

According to a court filing reported by NBC News, the witness testified that the area required repairs before Hearn's alleged actions and could not identify any additional damage caused by him.

Hearn has pleaded not guilty to a felony charge of destruction of property after being accused of causing more than $1,000 in damage to the Reflecting Pool.

His lawyers argued the witness "established that the pool had substantial preexisting damage requiring repair before any alleged conduct by Mr. Hearn."

"Simply put, the government’s witness could not identify any additional cost caused by Mr. Hearn’s alleged conduct. Indeed, the witness did not even say or suggest that the alleged conduct had compromised the liner at all,” they wrote.

According to the filing, the witness estimated repairs for the existing damage would cost between $6,000 and $15,000, regardless of Hearn's actions.

NBC News reported that Hearn's legal team is also questioning whether the grand jury was properly instructed on the legal requirement that prosecutors prove he caused more than $1,000 in damage.

The US Attorney's Office for the District of Columbia had not responded to the filing at the time of the report.