Justice Department Inspector General Declines to Investigate Handling of Hearn Reflecting Pool Case
The Justice Department's inspector general has declined to investigate allegations of misconduct in the criminal case against former Olympic canoeist David Hearn, who was charged with damaging the Lincoln Memorial Reflecting Pool before charges were dismissed. The watchdog told Hearn's lawyers the allegations fall outside its jurisdiction and belong instead to the department's Office of Professional Responsibility. Hearn's lawyers responded with a letter urging Inspector General Don R. Berthiaume to reconsider.
Two sources · Thin corroboration
David Hearn, 67, of Bethesda, Maryland, was charged with intentionally damaging the Lincoln Memorial Reflecting Pool before the Justice Department moved to dismiss the case last summer. Prosecutors said newly produced evidence from the Interior Department showed Hearn was not responsible for damage to the pool's lining, and a District of Columbia judge later permanently dismissed the prosecution.
Hearn's legal team had asked inspectors general at both the Justice and Interior departments to investigate, citing what they described as a broad variety of "incompetence and misconduct" during the investigation and prosecution. The lawyers said they believe they have identified potential crimes in the handling of the case, including witness tampering, obstruction of justice, and the subornation of false testimony.
In their letter urging reconsideration, the lawyers argued the inspector general is uniquely positioned to investigate because, unlike the Office of Professional Responsibility, it has no obligation to report to the deputy attorney general or attorney general, and it is required to publicize its findings and report to Congress. "Your decision not to investigate would be consigning these serious allegations to oblivion despite the enormous public interest in the matter," the letter stated.