“Reflecting Pool repairs could undermine case against former Olympian, judge says”

The Washington Post reports that the Olympic canoeist, Mr. David Harn, charged with damaging the Lincoln Memorial Reflecting Pool is alleging spoliation.  Reflecting pool repairs may jeopardize case judge says (Jul. 20, 2026).

The news article states:

On Thursday, defense attorneys for Hearn filed a motion to dismiss the indictment against him, alleging the government failed to preserve the section of Reflecting Pool liner that Hearn is charged with damaging, according to court documents.

“Despite the importance of the pool liner to the case, in the brief period since June 19, 2026, the same government that presented and returned the indictment against Mr. Hearn has fenced off the scene, begun draining the pool yet again, and publicly announced its intention to repair the very liner whose condition is at issue,” attorneys said in the court document.

They sent an attorney to the Reflecting Pool for an inspection and “confirmed that spoliation of evidence has taken place,” according to the motion.

Prosecutors stated that they are “doing the best we can” to keep the site preserved. The defense plans to inspect the area this week. The Judge “told prosecutors that if there are alterations to the Reflecting Pool, the government could face sanctions in the case,” according to the article.

While the motion was reportedly denied, the article states:

The government is “operating at its own peril,” said Judge Todd E. Edelman, if the Reflecting Pool is altered or not preserved before the defense’s expert has a chance to sample it.