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Paddlers and Pedalers Rally to Davey Hearn's Defense

Members of two athletic communities in which Davey Hearn is well-known—paddlers and pedalers—are rallying in support of this Olympic champion accused by the Justice Department of vandalizing the Reflecting Pool.

As of July 28, a Go Fund Me page organized by a supporter had raised $173,600 for legal expenses.

Davey was arrested June 19 by U.S. Park Police for what he has described as touching a piece of the blue coating that was peeling off, in the wake of a notoriously failed Administration-driven attempt at repair of the pool. A D.C. Superior Court grand jury indicted him July 2 on felony destruction of property charges, to which Davey pleaded not guilty at a July 9 arraignment. He was released on his own recognizance (i.e., no bail was required) and without restrictions.

Supporters rally at the courthouse July 9 (photo by Larry Lempert)

At a hearing July 20, Judge Todd Edelman set a trial date of Sept. 28. He denied for the time being a motion to dismiss, which the defense had filed on grounds that the government had not preserved the key physical evidence—the portion of the peeling pool liner that allegedly was damaged.

Fifty or so boaters and cyclists picketed outside the courthouse July 9 and cheered as Davey and his lawyers emerged after the arraignment. Chants included "Free Davey Hearn" and "Davey is a hero." About 30 supporters also gathered with signs and chants for the July 20 hearing.

Coverage by national and local media of the arrest, indictment, and proceedings has been abundant.

With more than $1,000 worth of damage alleged, the D.C. Code provides for a fine up to $25,000 and imprisonment up to 10 years. In a statement July 9, the defense team decried the charges as a "misuse of government power" and promised to litigate the issues vigorously. Attorneys Norm Eisen of the Democracy Defenders Fund and Mary Dohrmann of the Washington Litigation Group said, "If he 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."

In a statement July 2, on the other hand, U.S. Attorney for D.C. Jeanine Ferris Pirro said, “Vandalism at treasured places like the Reflecting Pool is an affront to our shared history and the dignity of our national heritage."

Davey is one of the most widely recognized figures in U.S. paddling. He competed in C-1 slalom in the 1992, 1996, and 2000 Olympics, won 14 World Championship medals, and won 28 U.S. national championship titles.

—Larry Lempert

For a lawyer-paddler's perspective on the case, see the commentary by Adam Van Grack.

For More Information

"Justice for Olympian Davey Hearn" fundraising page

"Maryland Man Indicted for Vandalizing Reflecting Pool," Justice Department press release, July 2

Statement from Defense Counsel on Davey Hearn Arraignment, July 9

D.C. Code §22–303, "Malicious burning, destruction, or injury of another’s property"

"Former Olympian pleads not guilty in Reflecting Pool damage case after Trump alleged vandalism,"

Associated Press, July 9

"Olympian David Hearn arrested at Reflecting Pool says 'I did not damage' anything," ABC News, June 1

David Hearn Athlete Bio, Team USA