The Justice Department filed a motion on Friday to dismiss the criminal case against former Olympian David Hearn. He was charged with deliberately damaging the Lincoln Memorial Reflecting Pool. New evidence has emerged that challenges the notion of vandalism.

Government attorneys stated in a 20-page court filing that new documents from the Interior Department indicate the damage resulted from a contractor’s flawed installation. There was also a rush to complete the project before the America 250 celebration. A recent inspection showed damage throughout the pool, even in areas hard to reach, which would be difficult for a vandal to access.

“Given all of this newly discovered information, it is difficult to attribute the widespread damage to the Reflecting Pool to vandalism, let alone to establish that fact beyond a reasonable doubt,” said U.S. Attorney Jeanine Pirro in the court filing.

Hearn’s attorneys argued that the charges were unwarranted. They criticized the government for wrongfully arresting and charging Hearn, labeling it as governmental overreach.

This dismissal poses a setback for the Justice Department. The prosecution was initially presented as holding someone accountable for damage to a significant Washington landmark. Former President Donald Trump had previously launched a substantial renovation project at the site. Trump claimed vandals were responsible without providing evidence. However, the case faced persistent evidentiary issues.

Hearn consistently declared his innocence, with supporters claiming political motivations behind the prosecution. Earlier in the week, his legal team requested access to grand jury transcripts, citing alleged procedural irregularities.

The defense highlighted a National Park Service official’s testimony. It indicated preexisting damage to the pool, including leaking one million gallons weekly, worn expansion joints, and an already ripped liner. They maintained repairs were necessary regardless of Hearn’s actions.

Hearn, 67, of Bethesda, Maryland, was accused of a felony count of property destruction, facing up to 10 years in prison. Previously, he pleaded not guilty, with the trial initially set for September 28 in D.C. Superior Court. However, recent information undermined the case against him. Prosecutors admitted that evidence suggesting vandalism was based on initial reports, not on the newly revealed facts.

Hearn recalled being stopped by National Guard troops and U.S. Park Police during a bike ride. He pointed out that he merely touched the pool’s lining when it began peeling, complying with a park worker’s request to release it.

David Hearn is noted for his participation in three Summer Olympics. His most successful being the 1996 Atlanta Games, where he finished ninth, according to the U.S. Olympic and Paralympic Committee.