Overview
- Prosecutors asked this week to dismiss the felony destruction charge against David Hearn after newly produced Interior Department documents and forensic inspections indicated the pool’s blue liner was failing repeatedly because of a rushed, flawed installation.
- Hearn’s lawyers filed a 28‑page motion on Tuesday asking the court to dismiss the case with prejudice, arguing prosecutors indicted him before they had the evidence and saying they may seek civil claims, sanctions, and reimbursement of legal costs.
- Engineers and preservationists found specific installation problems tied to the roughly $13–16 million, fast‑tracked renovation by Atlantic Industrial Coatings, including liner delamination, buried circulation pipes, and design choices that raised water temperature and encouraged algae growth.
- The basin was drained for repairs and warranty work, and defense attorneys say some liner material became unavailable for independent testing, a point they say shows investigators failed to preserve key physical evidence before returning an indictment.
- The development has triggered political and oversight pressure: President Trump criticized the dismissal, preservation groups and Congress have pressed questions about procurement and contractor performance, and the dispute could prompt further inquiries or civil litigation.