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Ship Repair Firm Owner Wins Round : Trial: He is found not guilty of violating the federal Clean Air Act, but still faces trial on many other charges.

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TIMES STAFF WRITER

In a verdict that his lawyers termed a “first round” victory, the owner of a San Diego ship repair company was found not guilty Friday of violating the federal Clean Air Act when his company removed asbestos from the Navy aircraft carrier Ranger.

David Lee Bain, the owner and president of Pacific Ship Repair & Fabrication Inc., grinned and hugged his lawyer as the verdict was read. He still faces a litany of other federal charges, including conspiracy, embezzlement and violating campaign contribution laws, which will likely go to trial in October, officials said.

Michael Pancer, Bain’s attorney, said the verdict boded well for the future. He was especially encouraged, he said, by the speed with which the jury made its decision--they deliberated for less than three hours.

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“I’ve never had a jury come back after that long,” said Pancer, who had argued that Bain was not aware of the violations. “David Bain never should have been charged.”

The jury gave the other defendant in the case, Pacific Ship foreman David Blalock, less to smile about. Evidently convinced that he was responsible for allowing his employees to unlawfully handle asbestos, they found Blalock guilty of violating the Asbestos Work Practice Standards of the Clean Air Act. He faces a maximum sentence of one year in prison.

Michael Littman, Blalock’s attorney, said he was disappointed.

“He’s more of a victim, as were all the other pipe-fitters,” Littman said, asserting that it was not Blalock’s job to supervise asbestos removal.

Assistant U.S. Atty. Melanie K. Pierson said simply, “Justice was done.”

Employees have told investigators that workers hired to remove and replace 1,100 feet of asbestos-covered pipe aboard the Ranger often worked with no protective clothing or respirators and toted dust-laden pipes through bunk and kitchen areas that sailors still used.

In November, Bain and nine others were indicted on 32 counts in connection with allegations of embezzling $1.4 million from Pacific Ship’s employee profit-sharing plan, theft of a $1-million overpayment by the Navy, various income tax violations and making illegal campaign contributions to candidates for federal office.

The investigation took 20 months and involved the U.S. attorney’s office, the Federal Bureau of Investigation, the Naval Investigative Service, the Internal Revenue Service, the San Diego Hazardous Waste Task Force and the San Diego Air Pollution Control District.

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