A former BP Plc (BP/) engineer charged with destroying evidence sought for a U.S probe of the 2010 Gulf of Mexico oil spill is fighting back in federal court, asking for the right to share evidence that he claims would exonerate him.
He has pleaded not guilty to two counts of obstruction of justice. The engineer claims to have records the feds don’t know about that will get him off the hook.
The only problem is, Mix says the records protected by somebody else’s attorney-client privilege.
Prosecutors charge that Kurt Mix deleted over 200 text messages SMS, including one specific message sent on May 26, 2010, that revealed he understood a proposed “top kill” operation to shut down the Macondo well would not work because of the size of the oil spill.
According to an affidavit by FBI Special Agent Barbara O’Donnell who is investigating the matter of Kurt Mix, “Mix deleted numerous electronic records relating to the Deepwater Horizon disaster response, including records concerning the amount of oil potentially flowing from the well …”
BP agreed in March to pay an estimated $7.8 billion to resolve most private plaintiffs’ claims for economic loss, property damage and spill and cleanup-related injuries. The settlement establishes two separate classes, one for economic loss and the other for physical injuries related to the spill or the cleanup.