Hughie Stover
Gary May-
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WHITESVILLE (WVVA) - The man convicted of lying to investigators in the wake of the Upper Big Branch disaster wants a new trial.
Elbert "Hughie" Stover has filed an appeal with the U.S. Fourth Circuit Court of Appeals in Richmond.
Stover says the appeal is based on lack of evidence. He was convicted last fall of lying to investigators and ordering a subordinate to destroy documents following the April 2010 disaster.
U.S. Attorney Boothe Goodwin says Stover was convicted fairly.
Meanwhile, former mine superintendent Gary May's sentencing has been delayed to Oct. 4.
U.S. District Judge Irene Berger had scheduled May's sentencing for August in Beckley, but Assistant U.S. Attorney Steven Ruby asked her to postpone.
Berger agreed and entered her order late Monday. May is cooperating in the ongoing criminal investigation. Ruby says investigators need more time to fully develop that cooperation.
May pleaded guilty earlier this year to conspiracy to defraud the federal government. He's the highest ranking mine official charged so far.
