Big Branch 14th Anniversary: Former WVPB Reporter Recounts Covering The Blankenship Trial

The Upper Big Branch Mining Disaster, which caused the death of 29 miners, happened 14 years ago today. Briana Heaney sat down with Ashton Marra, who worked for WVPB and covered the consequential trial of Don Blankenship, CEO of Massey Energy, the company that owned the mine. 

The Upper Big Branch Mining Disaster, which caused the death of 29 miners, happened 14 years ago Friday. Briana Heaney sat down with Ashton Marra, who worked for WVPB and covered the consequential trial of Don Blankenship, CEO of Massey Energy, the company that owned the mine. 

This interview has been edited for length and clarity. 

Heaney: Many years ago, you were a reporter covering the trials that precipitated from the Upper Big Branch mine explosion. Those court proceedings sought to hold management of the mine accountable, namely, the Blankenship trial. What is it like looking back on that time in history and in your career?

Marra: The Blankenship trial  I think in the newsroom, we knew and in public broadcasting in general, we knew that it was going to be a really important story for us to cover. So I was very lucky at the time that our executive director and our news director kind of agreed to this idea that I had, to let me be there every single day. I think going into it, maybe they didn’t kind of realize what every day was gonna be. But it ultimately ended up being 16 weeks, that I sat in that courtroom from 8am to 5pm, with members of the media from other parts of the state,  from Charleston and Beckley, and other parts of southern West Virginia who were covering it.  I went in with this idea, knowing how important this story was to the people of West Virginia. At the time I was the politics Reporter. I was covering the government and that was a really important topic too. But our leadership ultimately decided that it was too important for us to really miss even just a single day. it was the first time I really gotta cover a big trial like that. I covered the court system quite often, but it would be for a day or two for a hearing in Kanawha County Court ora quick hearing at the federal court there in Charleston. 

For this we are really fully committed to the story. And I think the people of West Virginia really appreciated that, or at least I hope they did. 

Heaney: What was it like for 16 weeks listening to such an emotional trial?

Marra: It was hard. It was really hard. And I think that any court reporter who does that full time will tell you that there are lots of different things that make it hard.  

One of them is that not every witness who takes the stand is that interesting. Sometimes it’s very tedious, with really difficult concepts to understand. The experts in this case, well there were several experts, who were there to explain to us how longwall mining worked, and how these things could have gone wrong. Tat was days of testimony, sometimes days of us trying to understand what could potentially have happened and what mine safety officials are doing to make sure it doesn’t happen. 

There are days that are difficult because it’s so emotionally hard. We heard from family members, we heard from friends about the loss of their loved ones. Those were incredibly difficult days where you know, as a journalist you want… It’s impossible for us to be totally objective, right? We’re human beings. And that’s how it goes. Sometimes it was hard to sit through emotional testimony. It was hard to sit through emotional testimony with family members in the audience with you. There were several sisters and parents that were there every single day sitting right next to us, that we got to know fairly well. Those were emotionally difficult days. 

And then it was hard just because it was like a marathon. It was a marathon to figure out how to consistently cover, especially as a radio and television reporter, a story in a way that was compelling — where I was not allowed to have anything in the courtroom but a pen and a piece of paper. I couldn’t have my phone. I couldn’t record audio. I couldn’t record video. We couldn’t take photos. And so there’s this layer of complexity when all we have is my voice. All we have is my memory of the day’s happenings and how do we keep people in West Virginia? How do we make sure that they understand the importance and the emotional salience of this story when all they have is me and my voice? 

Heaney: I assume that you met and talked to those family members. 

Marra: Yeah, there were a pair of sisters that were there every single day from Raleigh County.  This trial was five years later in time. But for the Pearsons ( sisters) it was, as if no time had passed, they were still deep in the emotion of this loss. And it was so difficult in the courtroom. 

There were moments with Judy, and there were moments with Shirly that at that point, I didn’t feel like I could be impartial.

The emotion of and the trauma of losing a loved one in that way, I don’t think that we as journalists can disregard that, and kind of glaze over that, in an effort to seem like we are impartial and fair and separated from our stories.

I think we have to recognize the trauma that these people experienced. Getting to be with them every day, there was also a mother and father who had lost their son, and they were there every day, it was a reminder that this is real. Even though it was me and five or six reporters every single day, and attorneys in and out, here’s this, when you’re stuck in that kind of bubble, you can become very emotionally removed from the impact of this story. Getting to spend that time with them and see them there every single day was just this reminder that these are real people. It’s their lives, it has a real impact, and was a great reminder for me why I’m doing this work. I did that work because I wanted the people of West Virginia to know and to understand the impact of that story.  

Heaney: 12 years out, do you still hear from those families? How are they doing?

Marra: I haven’t heard from them as in a phone call or a text message. We had kept in touch for a while after the trial itself. But I’m still Facebook friends with them and so even though I may be not be personally in touch with them, I see them posting the photos of their grandkids and their great nieces and nephews and usually every year a reminder of their loved one that they lost, and who they are, and the impact that their lives had on their families and their communities. So I still get to see them in that way. And every year I see those posts, it reminds me that I was so lucky to get to do this job and to get to meet people like them.

Heaney: In the trial you covered, Don Blankenship was found guilty. He was convicted of a misdemeanor and served one year in prison. In 2018 he ran as a Republican for the US Senate seat. He did not win the primary. Now he is running as a Democrat for this year’s open Senate seat. What do you hear from the families and the community of the Upper Big Branch Mine and other people you connected with while covering the trial about his latest political run?

Marra: I haven’t heard from the families and I’m a little bit disconnected from this community because I live in North Central West Virginia now. But I still hear from journalistswho were covering the trial with me at the time, and journalists who are still covering politics and government in the state of West Virginia today. I think for them, it continues to be a difficult story to cover because fairness in election coverage is hard, just in general. It’s difficult. I think it’s something that we are and we continue to grapple with, as a professional community because for decades, even for generations, political reporters believed so deeply in this idea of balance, and everyone deserves equal time, and candidates should all have the right to access voters and journalists, and have access to most of our communities. And I do think that, in my time at West Virginia Public Broadcasting, we had to find ways to make sure that candidates and alternate parties, and libertarian parties, and the Green Party, that they had their own debate., We used to host those debates for gubernatorial races and senatorial races. We wanted them to feel like they had space and they had a platform and that their stances were important and that West Virginians deserve to hear those. 

But I think politics has changed, and the way that journalists cover politics is changing. We’re grappling with this idea of what is balance. If we give time and space to mis- and dis- information and harmful information, is that still doing our jobs? Are we still ethically bound by those things that we say we want to be bound by as journalists to be fair, but also not harming our communities? And while I don’t mean to say that I think the Don Blankenship campaign is harming his community, because personally, I’ve not been following it that closely. What I will say is, I do think that the journalists who are covering politics today have one of the most difficult jobs in the world, because we have to figure out how to get the information to our communities that they need in order to be informed voters, while we are dealing with such an  intense political climate that is full of candidates that have very strong positions. We have to figure out how to do our jobs in a climate that is trying to protect our communities, while also making sure they have the information that they need. 

Heaney: Since the Big Branch Mine explosion, there has been a decrease in mining disaster deaths. There has not even been a disaster since Big Branch. What do you think is the primary driver to this?

Marra: I will say that in the wake of things like the Sago Mine disaster and the Upper Big Branch Mine disaster, where we lost way too many lives, I think that part of the reason we’ve seen so much push for increased mine safety regulations is in the smallest way – and I don’t want to say that this outweighs any of the work that safety advocates are doing, or regulators who work in the federal government are doing – but at the very least, what I can say is that journalists have taken these stories very seriously. And continue to cover these stories. We have some journalists in this state who have been covering mine safety regulations for decades, and have levels of expertise that are far beyond mine. I think it’s because people like Ken Ward refused to stop covering these topics, because the Charleston Gazette, because West Virginia Public Broadcasting, because insert almost any news outlet in the state, because they refuse to stop covering these stories. Because of that I think we are, hopefully, seeing some improvements in this industry, and in lots of industries. I think West Virginia has a fantastic group of journalists that are not afraid to do accountability stories. And they are not afraid to push back against government officials. And we see that happening at the statehouse, with legislative coverage this year, and all through COVID. We saw that where we had brave journalists taking on really hard and difficult stories. I think that this is an example of a space where there are fantastic journalists in this state who refuse to give up on this story. Hopefully, hopefully, that’s having a positive impact on the environments of these workplaces.

Supreme Court Upholds Conviction Of Former Coal CEO Don Blankenship

The Supreme Court says it won’t review the conviction of former coal CEO Don Blankenship, who was convicted of conspiring to violate safety standards at West Virginia’s Upper Big Branch mine before the 2010 explosion that killed 29 men.

The Supreme Court says it won’t review the conviction of former coal CEO Don Blankenship, who was found guilty of conspiring to violate safety standards at West Virginia’s Upper Big Branch mine before the 2010 explosion that killed 29 men.

The justices said Monday they would not take the case of the former CEO of Massey Energy who spent a year in prison following his conviction stemming from the worst U.S. coal mining disaster in 40 years. That leaves in place lower court decisions rejecting his efforts to get his misdemeanor conviction thrown out. As is typical, the high court did not explain its decision and denied the case among a long list of others. Monday is the first day of the court’s new term.

A federal jury in West Virginia convicted Blankenship in 2015 of conspiring to willfully violate mine safety standards but acquitted him of more serious charges. He was sentenced to a year in prison and fined $250,000.

In 2019, however, a federal magistrate judge recommended that Blankenship’s conviction be thrown out. The judge agreed with Blankenship that his rights were violated because prosecutors didn’t turn over evidence that was favorable to him. That included FBI and Department of Labor interviews with Massey employees. A government review separately found that some material should have been turned over.

A federal district judge, however, ruled that despite the prosecution’s failure to disclose numerous documents, the conduct ”resulted in no prejudice” toward Blankenship. Most of the substance of the documents that was favorable to Blankenship did come out at trial, the judge said. An appeals court also ruled against Blankenship before the Supreme Court declined to hear his case.

Investigations into the Upper Big Branch mine disaster found that worn and broken cutting equipment created a spark that ignited accumulations of coal dust and methane gas. Broken and clogged water sprayers allowed what should have been a minor flare-up to become an inferno.

Motion Seeks to Erase Ex-Massey CEO Blankenship's Conviction

Attorneys for former Massey Energy CEO Don Blankenship are seeking to erase his misdemeanor conviction related to the deadliest U.S. mine disaster in four decades. A former lead prosecutor called it a desperate act.

A motion filed Wednesday in U.S. District Court in Charleston claims federal prosecutors withheld information that would have assisted in Blankenship’s defense at his lengthy 2015 trial. It said the government produced reports and other information after the trial’s completion.

Blankenship, who has long maintained he didn’t get a fair trial, served one year in prison for a misdemeanor conviction related to the 2010 explosion that killed 29 men at the Upper Big Branch mine in southern West Virginia.

Blankenship assembled a new legal team for the latest court filing, which said evidence withheld by prosecutors until after trial “would have tipped the balance in Mr. Blankenship’s favor.”

The motion, which seeks an evidentiary hearing, was announced by Blankenship through his U.S. Senate campaign. He’s running as a Republican in the May 8 primary in West Virginia.

Former assistant U.S. attorney Steve Ruby, who was the lead prosecutor at the trial, said in an email to The Associated Press that the motion is “clearly a political Hail Mary. He’s three weeks from an election, and it sounds like he’s behind in the polls. If there were any merit to this whatsoever, he’d have filed it while he was still in prison instead of waiting almost until Election Day.”

Current U.S. Attorney Mike Stuart, who was nominated by President Donald Trump last year, said his office wants to “ensure justice is the ultimate result and any response (to the filing) will be through our actions with the court at the appropriate time.”

Blankenship was convicted of a misdemeanor charge of conspiring to willfully violate safety standards.

According to the motion, Mark Clemens, who oversaw Massey’s production, sales and budgeting, said in an interview previously undisclosed by prosecutors that “there was pressure at Massey to run coal, but not enough pressure to overlook safety.”

The motion said many of the documents involved interviews with people who testified at the trial. Among them was Christopher Blanchard, who ran the Massey subsidiary that oversaw Upper Big Branch.

Blanchard testified under an immunity agreement with the government but helped the defense during almost five days of cross-examination. He previously told Blankenship’s attorneys that he himself didn’t break any laws and denied being involved in a conspiracy with Blankenship to violate safety regulations.

The motion said most of the previously undisclosed emails were written by former FBI Special Agent James Lafferty, who testified about a variety of investigation topics, from Blankenship’s compensation to his frequent receipt of reports detailing Upper Big Branch’s violations.

The documents also cited former Massey safety expert William Ross, who gave a tough review of the company’s safety shortcomings. While talking about a 2009 meeting with Blankenship, Ross testified he told Blankenship that Massey couldn’t “afford to have a disaster.”

Four investigations found worn and broken cutting equipment created a spark that ignited accumulations of coal dust and methane gas at Upper Big Branch. Broken and clogged water sprayers then allowed what should have been a minor flare-up to become an inferno.

During the trial, prosecutors called Blankenship a bullish micromanager who meddled in the smallest details of Upper Big Branch. They said Massey’s safety programs were just a facade — never backed by more money to hire additional miners or take more time on safety tasks.

Blankenship’s attorneys rested their case without calling a single witness on his behalf.

Ex-Massey CEO Blankenship Claims Trial Documents Withheld

Convicted former Massey Energy CEO Don Blankenship claims documents that would have assisted his defense weren’t made available to his attorneys before his trial and he’s asking a federal court to vacate his misdemeanor conviction.

Blankenship made the claim in a news release through his U.S. Senate campaign to announce a planned motion to vacate the conviction. No motion was listed on a federal court website Tuesday night.

The statement claims that among the withheld information were federal Mine Safety And Health Administration documents. The campaign’s statement didn’t include the documents.

Blankenship served a one-year prison term on a misdemeanor conviction stemming from the 2010 explosion at the Upper Big Branch mine that killed 29 men in southern West Virginia. Blankenship has long maintained he didn’t get a fair trial.

Deanna Eder, a spokeswoman for the U.S. attorney’s office in Charleston, declined comment Tuesday night.

Appeals Court Won't Rehear Coal CEO Appeal in Deadly Blast

A federal appeals court has refused to rehear the case of former Massey Energy CEO Don Blankenship in the deadliest U.S. mine disaster in four decades.

The 4th U.S. Circuit Court of Appeals handed down the order Friday.

In January, a three-judge panel of the court found no error in trial rulings.

Those judges rejected his argument that jury instructions made it too easy to conclude that he willfully violated safety rules at West Virginia’s Upper Big Branch mine before the 2010 explosion that killed 29 men.

He was convicted in 2015 of a misdemeanor charge of conspiring to willfully violate safety standards.

The 66-year-old Blankenship is scheduled for release May 10 from a California federal prison where he’s serving a one-year sentence.

Ex-Coal CEO Argues He's Wrongly Imprisoned

Former Massey Energy CEO Don Blankenship was wrongly convicted and sent to prison because jury instructions made it too easy to conclude that he willfully violated safety rules at a West Virginia coal mine, his attorneys argued Wednesday.

Blankenship, 66, ran the coal company that owned West Virginia’s Upper Big Branch mine, where a 2010 explosion killed 29 men. He’s currently serving a one-year sentence after being convicted of misdemeanor conspiracy for what prosecutors call a series of willful safety violations before the blast.

Blankenship’s attorneys filed a 94-page brief to the 4th U.S. Circuit Court of Appeals in Richmond contesting multiple aspects of his conviction, but Wednesday’s oral argument before a three-judge panel focused exclusively on the jury instructions.

William W. Taylor, Blankenship’s attorney, said the instructions should have required proof that Blankenship specifically intended to violate safety laws. Instead, he argued, the instructions allowed the jury to assume the violations were willful because they occurred repeatedly.

Taylor faced skeptical questioning from two of the three judges. Judge Andre Davis said the instructions from the judge seemed appropriate, given the facts of the case.

“There were scores of violations that provided the context for this instruction,” Davis said. “None of this happens in a vacuum.”

The government’s attorney, Steven Ruby, said there was ample evidence at trial to support a conclusion that Blankenship’s actions were willful. He cited a 2008 memo from Blankenship to the president of the Upper Big Branch mine, telling him to start extracting coal from certain sections and “worry about ventilation or other issues at an appropriate time. Now is not the time.”

At another point, Ruby said, when an executive objected to opening a section without a proper ventilation plan, Blankenship told the executive to stop letting safety regulators run the mine.

Taylor argued in court papers that Blankenship’s memos about ventilation came in the context of whether to focus on short-term or long-term ventilation plans for the underground mine.

After the hearing, Taylor said the judges’ questioning was in line with his expectations, and he would not hazard a guess on the outcome.

“It was a good, thorough argument,” he said.

Blankenship, 66, recently released a manifesto from prison declaring himself a political prisoner.

Of the three judges who heard the case, Chief Judge Roger Gregory was initially appointed by Bill Clinton and then re-appointed by George W. Bush. Davis and Judge James A. Wynn Jr. are Obama appointees.

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