Bloomberg News

Ex-BP Engineer Seeks Dismissal of Spill Criminal Charge

November 08, 2012

A former BP Plc (BP/) engineer charged with destroying evidence about the 2010 Gulf of Mexico oil spill asked a judge to dismiss one of the two charges against him.

Kurt Mix, charged with obstructing justice by deleting text-message strings from his mobile phone, said one of the counts, covering 182 messages to a contractor, should be thrown out because the content of the texts was “patently innocuous.” The government says a jury should decide.

“He’s the last person who deserves to be sitting in this courtroom on obstruction of justice charges,” Mix’s lawyer Joan McPhee told U.S. District Judge Stanwood Duval today at a hearing in New Orleans. “Count two can and should be dismissed now.”

Mix knew he wasn’t supposed to delete anything as the U.S. investigated the 2010 incident, prosecutor Richard Pickens told the court today.

“The only issue before the court is whether he had a wrongful purpose,” Pickens said. “Simply denying a grand jury the opportunity to examine whether or not material was relevant -- that’s obstruction. It’s just that simple.”

Duval said he would focus on Mix’s intent in determining whether to dismiss the charge.

Question of Intent

“This is not an overwhelmingly strong indictment,” the judge said during the defense arguments. “My struggle is the intent, to determine his intent,” he said. Duval said he would consider the government’s argument that the simple act of deletion is sufficient for the obstruction charge.

The blowout and explosion on the Deepwater Horizon drilling rig killed 11 workers and started millions of barrels of crude leaking into the Gulf. It also set off hundreds of lawsuits against BP, its partners and contractors on the project.

Mix’s prosecution is the first criminal case to arise from the 2010 spill.

Mix, who has pleaded not guilty, faces a Feb. 25 trial. The former engineer worked on internal BP efforts to estimate the amount of oil leaking from the Macondo well. The two counts of the indictment concern text messages between the contractor and another string with his supervisor.

The U.S. Justice Department, which began investigating the incident in June 2010, said in April it was weighing whether to file more charges. More cases are likely, U.S. Attorney General Eric Holder said earlier this year.

Grand Jury

A grand jury had been investigating the spill estimates, Special Agent Barbara O’Donnell of the Federal Bureau of Investigation said in a sworn statement in April.

“Mix deleted numerous electronic records relating to the Deepwater Horizon disaster response, including records concerning the amount of oil potentially flowing from the well, after being repeatedly informed of his obligation to maintain such records,” O’Donnell said in the statement.

Mix deleted the e-mails in October 2010 despite receiving notices from London-based BP in the weeks after the spill, “which stated on the cover, in bold and underlined type, that instant messages and text messages needed to be preserved,” the government said in a May 2 indictment.

Mix brought the deletions to the attention of the government, McPhee said at his arraignment.

Saved Messages

“Mr. Mix saved thousands of e-mails and hundreds of text messages,” the defense lawyer said. The information saved includes flow-rate data, work on the efforts to contain the spill and his personal log notes, she said.

BP shareholders claim in a lawsuit in federal court in Houston that the company understated the extent of the spill. The investors, who are seeking to be allowed to sue BP in a class, or group, action, say the company downplayed the size of the spill to bolster share prices.

The criminal case is U.S. v. Mix, 12-cr-00171, U.S. District Court, Eastern District of Louisiana (New Orleans).

To contact the reporters on this story: Margaret Cronin Fisk in Detroit at mcfisk@bloomberg.net; Allen Johnson Jr. in federal court in New Orleans at allenmct@gmail.com.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.


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