Witness in reflecting pool case said it was already damaged: Lawyer

The Lincoln Memorial Reflecting Pool was already in a state of disrepair before former Olympian David Hearn allegedly caused any damage, his lawyers have argued.

The latest court filing comes after months of scrutiny surrounding the Reflecting Pool, which has faced problems including algae growth, leaks and deteriorating liner material following a high-profile rehabilitation project ordered by President Donald Trump.

In a motion filed Monday, Hearn’s attorneys said the government’s only witness on damages told grand jurors the pool was already deteriorated and that repairs would have been needed regardless of Hearn’s alleged actions.

“The Government’s only witness on that element testified that the property was already deteriorated, that the identified repairs would have been needed even without Mr. Hearn’s alleged conduct, and that he could not quantify any loss caused by that conduct,” the filing states.

Hearn’s lawyers argue that testimony strikes at a key element of the felony destruction-of-property charge, which requires prosecutors to show at least $1,000 in damage attributable to the defendant.

According to the motion, the witness also testified that repairs estimated at between $6,000 and $15,000 would have been required even before Hearn allegedly touched the pool and could not identify any additional repair costs directly caused by him.

This is a developing story and will be updated.…Read more by Alice Gibbs