Ex-Upper Big Branch mine boss wants conviction tossed - WOWK 13 Charleston, Huntington WV News, Weather, Sports

Ex-Upper Big Branch mine boss wants conviction tossed

Posted: Updated:
  • Local NewsLocal NewsMore>>

  • UPDATE: All Northbound lanes open on I-77 at East River Mountain Tunnel

    UPDATE: All Northbound lanes open on I-77 at East River Mountain Tunnel

    Saturday, July 26 2014 6:42 PM EDT2014-07-26 22:42:00 GMT
    All northbound lanes are back open after a tractor trailer that caught fire inside the East River Mountain Tunnel on Friday. It happened in the northbound lanes of the tunnel that divides Mercer and Bland around 2:00 Friday afternoon.
    All northbound lanes are back open after a tractor trailer that caught fire inside the East River Mountain Tunnel on Friday. It happened in the northbound lanes of the tunnel that divides Mercer and Bland around 2:00 Friday afternoon.
  • Sistersville Woman Crowned Mrs. West Virginia, Will Compete for National Title

    Sistersville Woman Crowned Mrs. West Virginia, Will Compete for National Title

    Tuesday, July 15 2014 4:17 AM EDT2014-07-15 08:17:38 GMT
    A Sistersville mother, wife, and soon-to-be teacher, holds another very impressive title as she gets ready to take on the competition on a national stage.Mrs. West Virginia, Melissa Smith, will compete for the title of "Mrs.United States," in September. Smith travels throughout the state right now helping to push her platform. "Right now, I'm very focused on improving literacy education. I'm going to be an elementary school teacher and I have been traveling throughout West Virginia reading to...
    A Sistersville mother, wife, and soon-to-be teacher, holds another very impressive title as she gets ready to take on the competition on a national stage.Mrs. West Virginia, Melissa Smith, will compete for the title of "Mrs.United States," in September. Smith travels throughout the state right now helping to push her platform. "Right now, I'm very focused on improving literacy education. I'm going to be an elementary school teacher and I have been traveling throughout West Virginia reading to...
  • Federal judge in Martinsburg, West Virginia, sends 10 to prison for violating probation

    Federal judge in Martinsburg, West Virginia, sends 10 to prison for violating probation

    Sunday, July 6 2014 11:00 AM EDT2014-07-06 15:00:12 GMT
    Nine Martinsburg, West Virginia, residents and another from Keyser were sentenced to federal prison for breaking the law while they were on supervised release or probation.
    Nine Martinsburg, West Virginia, residents and another from Keyser were sentenced to federal prison for breaking the law while they were on supervised release or probation.
RICHMOND, Va. (AP) -

A former mine boss is asking a federal appeals court to toss out the conviction for his actions at the West Virginia mine where an explosion killed 29 workers in 2010.

Gary May also wants the Richmond-based 4th U.S. Circuit Court of Appeals to immediately release him from prison. May pleaded guilty to conspiracy and has about four months remaining on his 21-month sentence.

U.S. District Judge Irene Berger last month rejected May's claims that his trial lawyer was ineffective, had conflicts and made him a scapegoat for the Upper Big Branch mine disaster to protect Massey Energy executives. In papers filed with the appeals court, May continues to insist that he has been wrongly linked to the tragedy.

"May objects to the trial court's refusal to acknowledge the facts and the truth," the former mine superintendent wrote in his petition, which he prepared without an attorney's help.

Prosecutors have not filed a response, and no hearing has been scheduled.

May has said his defense attorney refused to let him testify that illegal advance warning of safety inspections was common practice at former Massey operations now owned by Virginia-based Alpha Natural Resources. He also says in his latest filing that some of his actions that were labeled illegal at his sentencing were actually legal and that he had no knowledge that the mine maintained two sets of inspection books — an accurate one for itself and a fake one to mislead inspectors.

May wrote that his trial results "would have been different if the falsities and twisted facts were not repeatedly used against him by the Government and to argue for the maximum high end range for his sentence."

 

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.