US Magistrate Clarke VanDervort ruled there were no grounds to set aside the conviction of now-jailed ex-superintendent Gary May, who said in September that he was not allowed to testify that advance inspection warnings were commonplace at Massey Energy operations at the time of the blast and long before.

He also reportedly claimed that his lawyer Tim Carrico was ineffective and had conflicts of interest, disallowing his claims in order to protect other ex-Massey executives, according to the Associated Press.

According to an AP report in late September, 17-year Massey veteran May also said prosecutors were “looking for a villain” in the case.

The 44-year-old plead guilty to conspiracy earlier this year and is several months into a 21-month federal prison sentence

VanDervort, who said May’s claims were without merit, issued a recommendation to US District Court judge Irene Berger to dismiss the former mine boss’ complaint.

Massey Energy was taken over by Alpha Natural Resources in June 2011. It permanently closed the Raleigh County UBB mine shortly after.

Carrico was hired by Massey on May’s behalf, May told the AP, and Alpha paid Carrico after it acquired Massey.