A second Freedom Industries executive who was indicted by federal prosecutors in connection with Januarys chemical leak wants those prosecutors taken off the case, saying that they were victims of the chemical leak and thus cannot be impartial prosecutors.

Dennis P. Farrell, a former owner and president of Freedom, has joined his former colleague Gary Southern in asking a judge to remove U.S. Attorney Booth Goodwin and his entire office from the case.

The two men and two other former Freedom executives, William E. Tis and Charles E. Herzing, were indicted last week and each charged with three counts of violating environmental laws after Freedom Industries tank farm leaked about 10,000 gallons of coal-cleaning chemicals into the Elk River, contaminating the Kanawha Valleys drinking water.

Southern was also charged earlier this month with bankruptcy fraud and wire fraud for allegedly lying about his role with Freedom after the leak in an attempt to protect his personal wealth.

Soon after he was charged, Southerns lawyer asked that Goodwins office be removed from the case, saying that they were among the 300,000 people who had their water contaminated and therefore are victims.

Farrell made a similar request on Tuesday.

The conflict of interest is real, his lawyer, Michael Carey, wrote to the court. The U.S. Attorney, his assistants, investigators and office staff were actual victims of the crimes charged against Mr. Farrell. Of equal or perhaps greater gravity, husbands, wives and children of the prosecutors and staff of the U.S. Attorneys Office also were, and allegedly may continue to be, actual victims of the crimes charged.

Carey, himself a former U.S. attorney, writes that the U.S. Attorneys Office in Charleston was closed for a period of time following the chemical spill and that most of its staff lived in the affected region, which included parts of nine counties.

Because they are victims, Carey writes, the prosecutors have an inescapable conflict of interest in prosecuting Mr. Farrell.

He also argues that because they are Kanawha Valley residents, the prosecutors are members of a number of pending class action lawsuits filed against Freedom.

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Second Freedom executive wants Goodwin removed from case