Federal prosecutors hoping to win reinstatement of an obstruction of justice conviction against a former BP engineer will argue their case next month at an appeals court in New Orleans.
Prosecutors accused Kurt Mix of deliberately deleting text messages about the amount of oil flowing from BP's Macondo well after the 2010 Deepwater Horizon disaster.
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Defense attorneys say evidence shows Mix shared information about the flow rate with investigators.
Mix was convicted on one count in 2013. But a judge ruled later that a jury forewoman tainted the deliberations by mentioning to a deadlocked jury that she had heard something outside the trial that affirmed her view of Mix's guilt.
The 5th U.S. Circuit Court of Appeals set arguments for the week of April 27.