Washington, D.C. U.S. Attorney Jeanine Pirro is moving to dismiss criminal charges against a former Olympian accused of vandalizing the Lincoln Memorial Reflecting Pool after Donald Trump’s administration admitted that the damage to recently installed blue liner was “the result of flawed installation by the contractor.”

David Hearn pleaded not guilty to one felony count of destruction of property earlier this month.

Pirro had previously lambasted Hearn in a press conference on July 2, claiming he “woefully destroyed property” in a “deliberate act” to damage the monument by “forcefully and violently” pulling the pool’s lining.

Friday’s court filing, however, states that the recently applied blue sealant at the bottom of the pool started to peel “almost immediately” after the work was completed following renovations to the site last month.

The Department of Interior “provided less than fulsome information at the outset of this case,” according to the filing from Pirro’s office. It was not until after the indictment was filed that the federal agent determined that the “damage was the result of a botched installation and not vandalism,” the filing states.

This is a developing story