Tag: Blankenship on Trial

Appeals Court to Review Ex-Coal CEO Blankenship's Case

Attorneys for former Massey Energy CEO Don Blankenship are hoping to convince an appeals court their client was wrongly sent to prison.

Blankenship 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 conspiracy for what prosecutors call a series of willful safety violations at the company.

Blankenship’s attorneys say the conviction was unfair and that Blankenship never willfully violated safety regulations. Prosecutors say Blankenship instructed underlings that safety violations were a cost of doing business.

The 66-year-old Blankenship recently released a manifesto from prison declaring himself a political prisoner.

A three-judge panel at the 4th Circuit Court of Appeals in Richmond is scheduled to hear the case Wednesday.

Prosecutors Defend Conviction of Ex-Coal CEO on Appeal

Federal prosecutors say the only thing novel about ex-Massey Energy CEO Don Blankenship’s conviction was that it targeted a major company’s CEO, not low-ranking miners.

Prosecutors defended Blankenship’s conviction in a 4th U.S. Circuit Court of Appeals filing Monday.

Blankenship is appealing from prison.

He reported to a California prison May 12 to serve a one-year sentence for conspiring to willfully violate mine safety standards at West Virginia’s Upper Big Branch coal mine. The mine exploded in 2010, killing 29 men.

A jury convicted him in December.

Blankenship’s attorneys previously contended that prosecutors had a “novel” theory that criminalized managerial budget decisions. Defense attorneys contended the jury pool was biased, the prosecution was politically motivated, and trial rulings were unfair.

Oral arguments will be Oct. 26 in Richmond, Virginia.

Arguments Set for October in Ex-Massey CEO's Appeal

Oral arguments are set in federal court for October in former Massey Energy CEO Don Blankenship’s appeal of his conviction related to the deadliest U.S. mine explosion in four decades.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, on Wednesday scheduled oral arguments for Oct. 26.

Blankenship reported to a California prison May 12 to begin serving a one-year sentence for conspiring to willfully violate mine safety standards at West Virginia’s Upper Big Branch coal mine. The mine exploded in 2010, killing 29 men.

In briefs filed earlier this year, Blankenship’s attorneys complained that the jury pool in Charleston was biased against him, the prosecution was politically motivated and the trial controlled by rulings unfair to the defense.

Lawyers for Former Massey CEO Files Appeals Brief

Lawyers for former Massey Energy CEO Don Blankenship are arguing that his conviction related to the deadliest U.S. mine explosion in four decades should be reversed, saying the government’s prosecution theory and proof fell short.

The Charleston Gazette-Mail reports Blankenship’s legal team filed a 94-page opening brief Monday with the 4th U.S. Circuit Court of Appeals. The brief urges “close appellate scrutiny” of Blankenship’s conviction and complains that the jury pool was biased against him, the prosecution was politically motivated and the trial controlled by rulings unfair to the defense.

Blankenship reported to a California prison May 12 to begin serving a one-year sentence for conspiring to willfully violate mine safety standards at West Virginia’s Upper Big Branch coal mine, which exploded in 2010, killing 29 men.

Federal Court Denied Blankenship Motion to Remain Free During Appeal

Ex-Massey Energy CEO Don Blankenship, is scheduled to report to prison Thursday after being convicted of conspiring to willfully violate mine safety standards at West Virginia’s Upper Big Branch coal mine, which exploded in 2010, killing 29 men.

A federal court has denied an emergency motion filed by attorneys for ex-Massey Energy CEO Don Blankenship requesting that he remain free while he appeals his conviction.

The 4th U.S. Circuit Court of Appeals issued the ruling Thursday morning, the same day Blankenship is due to report to start serving his one-year prison sentence. Blankenship’s attorneys have said he was scheduled to go to an unspecified California federal prison.

Blankenship was sentenced April 6 to a year in prison and ordered to pay a $250,000 fine for conspiring to willfully violate mine safety standards at West Virginia’s Upper Big Branch coal mine, which exploded in 2010, killing 29 men. 

Ex-Coal CEO Blankenship Asks for Delay in Start of Prison

Attorneys for former coal executive Don Blankenship want to delay his entry into prison this week.

In an emergency motion in the 4th U.S. Circuit Court of Appeals on Tuesday, Blankenship’s attorneys wrote that he’s slated to head to prison Thursday in California. But the court has not ruled on whether the former Massey Energy CEO should stay free until his larger appeal is decided.

Prosecutors replied that Blankenship’s motion is redundant.

Blankenship was sentenced April 6 to a year in prison and a $250,000 fine for conspiring to willfully violate mine safety standards at Upper Big Branch Mine in West Virginia.

The coal mine exploded in 2010, killing 29 men.

Blankenship’s attorneys say he could serve much, or all, of his sentence before an appellate decision is reached.

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