(WASHINGTON) — Attorneys for David Hearn, who was alleged to have vandalized the Lincoln Memorial Reflecting Pool, filed a motion in D.C. Superior Court, citing “exceptional facts and circumstances” to have the indictment against him dismissed with prejudice. The Justice Department moved last week to dismiss the criminal case against Hearn, a former Olympian, acknowledging the damage to the pool “was the result of flawed installation by the contractor.” The filing by Hearn’s attorneys follows U.S. Attorney Jeanine Pirro’s motion on Friday seeking to dismiss the case without prejudice, which could still leave Mr. Hearn exposed to a future indictment. If the motion filed by Hearn’s attorneys is granted, it would block the government from trying to charge him again for the same alleged crime in the future. “The Court should not leave the defendant subject to the possibility of renewed prosecution,” the filing states.