Prosecutor to appeals court: Uphold UBB conviction - WVVA TV Bluefield Beckley WV News, Weather and Sports

Prosecutor to appeals court: Uphold UBB conviction

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MORGANTOWN, W.Va. (AP) -- U.S. Attorney Booth Goodwin says investigators, prosecutors and the trial judge acted properly in the case against a former Upper Big Branch mine security chief, and his conviction should be upheld.

The prosecutor filed his response to Hughie Elbert Stover's appeal Thursday in the U.S. 4th Circuit Court of Appeals in Richmond, Va.

Goodwin says there's no merit to claims that Judge Irene Berger erred in refusing to throw out Stover's interview with investigators or refusing to dismiss the charges and acquit him.

Stover was convicted last fall of lying to investigators and ordering a subordinate to destroy documents following the worst U.S. coal mine disaster in four decades.

The 2010 explosion at the West Virginia mine killed 29 men.

Stover was sentenced to three years. He's free pending appeal.

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