9/24/2013 10:32 AM
by Nadine Grimley
MORGANTOWN - A former superintendent of the Upper Big Branch Mine said his lawyer was ineffective, had conflicts of interest, and made him a scapegoat for the disaster that killed 29 men in 2010.
Gary May wanted U.S. District Judge Irene Berger to set aside or change the 21 month sentence he's serving at the Federal Correctional Institution in Morgantown. May said Defense Attorney Tim Carrico refused to let him testify that illegal advanced warning of inspections was common practice at Massey Energy operations.
May also said that he was muzzled to protect Massey executives from prosecution and that longtime Massey general counsel Shane Harvey directed Carrico's actions.
Harvey denied the allegations and Carrico did not immediately comment.