A new witness in the Lincoln Memorial Reflecting Pool prosecution could end up turning the case on its head. “Substantial preexisting damage”Hearn argued, “The condition of the Reflecting Pool was the same after I stepped away from the water as it was before I got there.” They added, “Simply put, the government’s witness could not identify any additional cost caused by Mr. Hearn’s alleged conduct. Indeed, the witness did not even say or suggest that the alleged conduct had compromised the liner at all.” “Consequently, the grand jury’s indictment of Mr. Hearn is hard to explain,” they added.