Ex-BP Engineer Destroyed Evidence on Spill, Jury Told

A former BP Plc (BP/) senior engineer who helped lead efforts to cap the Macondo well as oil gushed into the Gulf of Mexico in 2010 destroyed evidence sought by the U.S. in a probe of the spill, a federal prosecutor told jurors.

Kurt Mix, charged last year with two counts of obstruction of justice, is the first defendant in a criminal case over the spill to face a jury. He is accused of deleting from his mobile phone text messages and voice mails related to the disaster, including one in which he said the spill was bigger than the company said it was.

“This is a case about a BP engineer, Kurt Mix, who in the wake of the massive Macondo oil spill, was told over and over not to delete messages, and he made the choice to do it anyway,” prosecutor Jennifer Saulino told federal jurors in New Orleans yesterday.

The blowout of BP’s deep-water Macondo well off the coast of Louisiana in April 2010 killed 11 people and set off the largest offshore oil spill in U.S. history. BP agreed last year to pay $4 billion to resolve the federal criminal probe of its role in the spill.

Mix denies any intentional destruction of evidence and has pleaded not guilty.

“The government’s simple explanation of what happened here is flat wrong,” Joan McPhee, Mix’s lawyer, said yesterday in her opening statement. “The evidence is going to be clear as day that there is no obstruction of justice here.”

The oil spill triggered a federal investigation of the incident and thousands of lawsuits against London-based BP, as well as Transocean Ltd. (RIG), owner of the Deepwater Horizon drilling rig that burned and sank, and Halliburton Co. (HAL), which provided cement services for the well.

First Indictment

Mix, who was arrested in April 2012, was the first person indicted over the 2010 disaster. U.S. District Judge Stanwood Duval Jr. is presiding over the trial.

Mix was involved in BP’s efforts to cap the well with a procedure called Top Kill, the U.S. said in court papers. Top Kill involved pumping drilling mud and other material into the Deepwater Horizon’s blowout preventer, which was still atop the well on the sea floor.

Mix knew that BP’s internal estimates of the flow rate from the well were “well above” the numbers the company was citing publicly and the maximum 15,000 barrel-a-day limit for Top Kill to be successful, the U.S. said. He didn’t disclose that at a meeting between government officials and BP engineers in May 2010 and subsequently erased references to it on his iPhone, prosecutors said.

Flow Rate

Mix texted a supervisor on May 26, 2010, that the flow rate was too high for Top Kill to work, Federal Bureau of Investigation Special Agent Barbara O’Donnell said in a sworn statement filed in the case. The well wasn’t capped until the following July.

“Too much flow rate -- over 15,000 and too large an orifice,” Mix said, according to the U.S. Mix later deleted the text, O’Donnell said. The U.S. was able to recover most of Mix’s texts, including this one, using “forensic tools,” she said in an April 2012 filing.

“The defendant had both corrupt intent and a clear motive to delete his text messages with supervisor -- which included a text message reflecting the defendant’s contemporaneous belief during Top Kill that Top Kill was failing because the flow rate was too high -- because he did not want the government to discover what his true beliefs had been,” prosecutors said in court papers in September.

‘Go-to Guy’

Mix “also lied” to BP’s document vendor and outside counsel about “relevant materials on his iPhone,” prosecutors said.

“Mr. Mix was not some low-level guy,” Saulino told jurors. “The evidence will show that he was, internally, the go-to guy on flow rate for BP.”

Mix shouldn’t have been indicted and is being wrongly cast by the government as a central player in a BP cover-up, his lawyers have said in court filings.

“He was a low-level guy in the vast hierarchy of BP,” Mix’s lawyer told the jury yesterday. “He was a first responder just like a firefighter who shows up when the house is already on fire.”

Mix “repeatedly shared with the government, all through the Macondo response effort, the very same information that these prosecutors claim he was trying to hide,” McPhee said.

Mix deleted some messages, she said. “There is no dispute about that. But that is not the issue in this case.”

He wasn’t intending to hide anything, McPhee said. “He had nothing to hide because he had done nothing wrong,” she told the jury.

513 Messages

“The question here is not whether the defendant deleted everything he could have,” Saulino, the prosecutor, told the jury. “The question is simply whether he made the choice to delete these 513 text messages and 3 voice mails intending to keep them out of the criminal investigation.”

The evidence will show that Mix deleted the items from his iPhone, “intending to hide those messages from investigators,” she said.

Three other BP employees were indicted on spill-related charges after Mix was arrested. Two BP well-site managers, Robert Kaluza and Donald Vidrine, were charged in November 2012 with involuntary manslaughter for the 11 deaths on the well. David Rainey, the company’s former vice president of exploration for the Gulf of Mexico, was also charged that month with providing false statements related to the size of the spill.

Guilty Pleas

All three have pleaded not guilty. Rainey’s trial is scheduled for March; Kaluza and Vidrine face trial in June.

BP pleaded guilty to 14 criminal counts including 11 for felony manslaughter, one misdemeanor count under the Clean Water Act, one misdemeanor count under the Migratory Bird Treaty Act and one felony count of obstruction of Congress for misrepresenting the size of the spill.

Transocean pleaded guilty in February to one misdemeanor count of violating the U.S. Clean Water Act and agreed to pay a $400 million fine.

Halliburton agreed in July to plead guilty to a misdemeanor for failing after the explosion to preserve computer models examining the final cement job on the well. The company paid a statutory maximum fine of $200,000.

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

To contact the reporter on this story: Margaret Cronin Fisk in Detroit at mcfisk@bloomberg.net

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

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