CHARLESTON, W.Va. (AP) — The West Virginia Supreme Court has denied the former Salem city manager's appeal for a new trial on embezzlement and other charges.
Justices on Thursday affirmed a lower court decision to convict David Mayle on six counts of embezzlement, falsifying accounts and conspiracy in October 2012. His sentence was on hold pending appeal.
Prosecutors said Mayle and former City Clerk Sherry Olenick embezzled thousands of dollars. Olenick pleaded guilty to falsifying accounts and conspiring to embezzle city funds.
In a January appeal, Mayle's attorney Rocco Mazzei argued Harrison County Judge John Lewis Marks Jr. should have limited the scope of the state's evidence at Mayle's trial.
Mazzei said Mayle's trial court lawyer should have requested a continuance when the state gave the defense new evidence the morning of the trial.