Attorneys Argue Prosecutors Ignored Evidence Pool Liner Was Failing Before Hearn Indictment

In a 28-page motion filed Tuesday in D.C. Superior Court, attorneys Mary Dohrmann, Steve Levin, and Norman Eisen argued prosecutors ignored evidence that the pool liner was already failing before Hearn was indicted. The filing came after U.S. Attorney Jeanine Pirro dropped the felony charge, citing Interior Department evidence that faulty contractor installation caused the damage. Hearn's lawyers said the government should not get credit for correcting a mistake that never should have happened, noting contractor Atlantic Industrial Coatings had publicly acknowledged repair issues in the $14.7 million project.

Hearn, who briefly touched peeling liner while biking near the pool on June 19, maintained his innocence. President Donald Trump continued to insist the damage was vandalism and criticized Pirro for dropping the case. From the outset, the evidence showed that the pool liner was already failing and that Mr. Hearn did not cause the damage alleged in the indictment, the attorneys wrote.