For­mer guard ap­peals con­vic­tion in 2010 mine ex­plo­sion

The Washington Times Daily - - Nation -

BECK­LEY | A for­mer se­cu­rity chief found guilty of ly­ing to in­ves­ti­ga­tors about the 2010 ex­plo­sion that killed 29 West Virginia min­ers is ap­peal­ing his con­vic­tion.

An at­tor­ney for Hughie El­bert Stover says he’s tak­ing the case to the 4th U.S. Cir­cuit Court of Ap­peals in Rich­mond.

A fil­ing in U.S. Dis­trict Court in Beck­ley says Judge Irene Berger wrongly de­nied a re­quest for cer­tain in­struc­tions to the jury, as well as Stover’s re­quest for a new trial. That mo­tion also al­leged pros­e­cu­to­rial mis­con­duct.

Stover was con­victed in Oc­to­ber of or­der­ing a sub­or­di­nate to de­stroy se­cu­rity-re­lated doc­u­ments fol­low­ing the worst U.S. coal mine dis­as­ter in four decades.

He was sen­tenced to three years in prison Feb. 29. It’s one of the stiffest pun­ish­ments ever is­sued in a mine safety case.

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