This matter is not before the Rockville Mayor and Council. I am writing in my personal capacity and do not speak on behalf of the City of Rockville or the Mayor and Council.

Over the past several weeks, I have spoken publicly in support of my longtime friend and former coach, David “Davey” Hearn. Because I serve in elected office, I believe it is important to explain why I have chosen to speak and why I believe this case raises serious concerns about fairness, proportionality, and the appropriate exercise of government power.

Davey was my coach and has been my friend for decades. Our relationship grew through the close-knit whitewater paddling community, where I later served as Chair of USA Canoe/Kayak, the United States Olympic National Governing Body for canoe and kayak sports, as Chair of the United States Canoe Slalom Committee, and as President of the Potomac Whitewater Racing Center.

Davey has been charged with felony destruction of property arising from an encounter at the Lincoln Memorial Reflecting Pool which can carry up to 10 years in prison. Prosecutors allege that Davey intentionally damaged a portion of the pool’s lining and caused at least $1,000 in damage. Importantly, Prosecutors only alleged that any damage which allegedly occurred was only as a result of Davey's "bare hands." Davey has pleaded not guilty and maintains that he did not damage the pool, but briefly touched material that was already peeling away while he was stopped there during a bicycle ride. The allegations remain disputed and have not been proven.

I recognize that this is not a Rockville municipal matter. I am not speaking because of my position on the Rockville City Council, and I am not asking that Davey receive special treatment because of his accomplishments, his friendships, or the people who support him.

I am speaking because I know Davey. I have direct experience with his character, and I believe that fairness, proportionality, and common sense matter whenever the government exercises its considerable power against an individual.

Davey represented the United States with honor in three Olympic Games and became a two-time individual World Champion in canoe slalom. Following his competitive career, he continued giving back as a coach and mentor to generations of young athletes. He has organized races, maintained paddling facilities, and freely shared his time, experience, and knowledge throughout the community. His commitment to the community is even more impressive than his racing accolades.

Davey’s service to the community even extends beyond competitive sports. He has helped maintain the Feeder Canal Slalom Course within the C&O Canal National Historical Park, supported Potomac River cleanups, and contributed countless volunteer hours to the river and parkland that have been central to his life.

Further, Davey and his wife, Jennifer, have also served as Volunteer Quartermasters for historic Lockhouse 6 through the C&O Canal Trust’s Canal Quarters program. Their responsibilities have included helping care for the historic property, supporting visitors, and assisting with the continued operation of the program.

This record of community involvement and preservation of Park Service property does not place Davey above the law. It does, however, make the government’s portrayal of him as a malicious destroyer of National Park Service property almost impossible to reconcile with the person I have known (and many people in our community have known) for decades.

The surrounding circumstances and allegations also matter. Davey’s account is that he encountered material that was visibly separating from the Reflecting Pool and briefly touched it to determine what was happening. His attorneys have raised serious questions about the condition of the material and whether relevant physical evidence was adequately preserved before the pool was subsequently drained and altered. Those factual and legal questions must be resolved through the judicial process, and the government must prove its allegations beyond a reasonable doubt. That said, importantly, Davey must have a meaningful opportunity to inspect the evidence, present his defense, and challenge the government’s version of events.

However, my concern extends beyond the factual dispute. Government officials are entrusted not only with the authority to enforce the law, but also with the responsibility to exercise judgment. Even when prosecutors believe that a statute may technically apply, the nature of the charge and potential punishment should bear a reasonable relationship to the alleged conduct and surrounding circumstances. Treating this disputed encounter (where, at most, the government alleges that Davey grabbed a piece of the liner with only his "bare hands") as a serious felony raises legitimate questions about whether prosecutorial discretion has been exercised with appropriate restraint and proportionality.

Standing with Davey does not mean believing that friendship excuses wrongdoing. It does not mean prejudging every factual question or asking that the ordinary judicial process be disregarded.

Rather, standing with Davey means asking whether the enormous power of government is being used fairly, proportionately and with common sense. Standing with Davey means insisting that relevant evidence be preserved and made available to the defense. Standing with Davey means recognizing the presumption of innocence.

I have been grateful to stand alongside Davey’s family, fellow Olympians, former athletes, coaches, friends and community members who share these concerns. I will continue to support Davey as he defends himself through the judicial process.

No one should be above the law. More importantly, no one should be denied due process, fair treatment, or proportionate judgment under it.

This statement is intended to explain my personal connection to Davey and the reasons I have chosen to speak publicly. I do not intend to use this website as a running account of every development in the case; however, I believe those who follow my work deserve a clear and complete explanation of where I stand, why I will continue to speak publicly about this important issue, and why I am continuing to stand with Davey Hearn.