CLARKSBURG, W.Va. -- Former Salem City Manager David Mayle is appealing his convictions on embezzlement and other charges.The Exponent Telegram reports that Mayle's lawyer, Rocco Mazzei, filed the appeal on Friday with the state Supreme Court.Mazzei argues that Harrison County Judge John Lewis Marks Jr. erred by not limiting the scope of the state's evidence at Mayle's trial.
Mazzei also says Mayle's trial court lawyer should have requested a continuance when the state gave the defense new evidence the morning of the trial.
Mayle was convicted on six counts of embezzlement, falsifying accounts and conspiracy in October 2012. His sentence is 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.