Art Teacher Draws Historic Blankenship Trial: Here’s What He Saw

Here in central Appalachia, where coal reigns supreme, many people said the trial of Don Blankenship was something they had never imagined.

Never before has a top American coal executive been convicted of a crime related to the deaths of miners.

Cameras aren’t allowed in federal court for criminal trials. Two local artists, Rob Cleland and Jeff Pierson, were hired by the media to capture the trial.

As a sketch artist for the Charleston Gazette-Mail and West Virginia Public Broadcasting, Pierson spent 11 weeks drawing the trial of Don Blankenship. Pierson isn’t a seasoned courtroom artist. He earns his living as an art teacher. He’s also illustrated children’s books and painted outdoor murals. In a lot of his art, people are often in movement, playing the fiddle or dancing.

Credit Jeff Pierson
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Pierson’s self portrait.

  At first glance, Pierson’s drawings from the Blankenship trial are quite different from the sketches of most courtroom artists. For one thing, he used a lot of expressive blue and red colors. And the faces he drew are vivid with emotion.

“I tend to exaggerate things. And going into this trial, I had to make sure that I kept my drawings very realistic, as opposed to caricature or exaggeration. But with a man of this nature, he is kind of a cartoon or a caricature, I had to be really careful not to do that. But I also think you can capture someone’s expression a little bit by exaggerating,” said Pierson.

Pierson said he tried to observe every detail of Don Blankenship’s face and body language to see if he could detect what he was feeling.

“When you look at Don Blankenship, when you look at a photograph of him, one thing people notice is a lack of emotion,” Pierson said. “People often said that his face was stoic and that ‘how do you capture any emotion from Don Blankenship?’ But I think when you’re seeing him in person in the courtroom. There’s a lot there actually, especially in the eyes. There’s a lot behind those eyes.”

Credit Jeff Pierson
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Sketch of Don Blankenship from the first day of the trial

On the very first day of the trial, Pierson drew a sketch of Blankenship with dark circles under his eyes.

“His posture was very relaxed. He had his arm up on an empty chair in the courtroom. I just felt he was very relaxed, as if he didn’t care. But then I started studying his face. You can tell a lot through the eyes. And in this particular image, I was trying to capture a little bit of his humanities in this process and this situation he had found himself in. I saw a lot of sadness, but I also saw a lot of contempt for the process and for what was happening around him.”

At the end of this long process, Pierson said there’s one other sketch that stands out to him. It’s the drawing of the family members who had lost loved ones in the Upper Big Branch Mine disaster.

“And my job was to capture their observance of the trial. And I decided to draw the back of Gary [Quarles’] head, looking at Don [Blankenship]. He would often glance over at Blankenship, and that’s what I decided to capture with Gary,” Pierson said. “Although we don’t see his face, I think there was a lot of emotion that was caught just by him looking at Mr. Blankenship during that trial. That was the most emotional sketch. In itself it was an emotional piece.

“As the trial went on, as we knew that the verdict was coming soon, those family members became more quiet. They were a little more reserved in their conversations. It was great to get to know them. But truly we became family. And I’d never met these people before, and I may never see them again. But that last day after that verdict, when I said goodbye to them it was tough. Because I know the impact that this has had on them, obviously, and to get this verdict, I think some of them were unhappy, some of them spoke out in the media, we’ve heard what they had to say. Some of them they didn’t get the closure they expected. There was one family member in particular that when he was emotional, it was hard not to be emotional about it. It was hard not to feel his pain and his suffering and his grief. And that was Gary.”

This April, Pierson plans to be back at the Federal Courthouse, with his sketchpad and pencils, for the sentencing of Don Blankenship.

A longer version of this interview will air on this weekend’s episode of Inside Appalachia.

Top 8 W.Va. News Stories of 2015

What do Don Blankenship, heroin, and pepperoni rolls have in common? They’re all on our highly-unscientific list of top stories for 2015.

On this week’s Front Porch podcast, Rick Wilson, Laurie Lin and Scott Finn tell us why they believe these eight stories are the most important for West Virginia in 2015. Do you agree?

In no particular order…

Credit Dave Mistich / WV Public Broadcasting
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WV Public Broadcasting
Miners rally outside an event featuring President Obama.

8. Collapse of the coal industry

Bankruptcies and thousands of lost jobs hit West Virginia seemingly all at once this year. Republicans successfully have blamed President Obama, the EPA and the Clean Power Plan.

Rick Wilson lays more of the blame on depleted coal seams and the natural gas boom. But either way, it’s led to…

7. State budget woes

The decrease in coal and natural gas severance taxes has led to a $115 million shortfall in state revenues so far this fiscal year. State employees face “draconian” cuts to their health insurance plan.

Lin and Wilson agree that any major tax reform is off the table. Even if lawmakers increase the state tobacco tax, more cuts seem inevitable.

Credit Martin Valent / West Virginia Legislative Photography
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West Virginia Legislative Photography
House Speaker Tim Armstead and Senate President Bill Cole confer.

6. GOP takes over W.Va. Legislature for the first time in eight decades

Even GOP leaders seemed surprised to take over both the state Senate and House for the first time in more than 80 years, Lin said.

The Legislature passed a raft of tort reform measures, but many big priorities, such as right to work and charter schools, are likely to come up in January.

5. The Great Pepperoni Roll War

Sheetz convenience stores considered replacing West Virginia-made pepperoni rolls with those made in (GASP!) Pennsylvania.

Credit The Clarksburg Post
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This coal miner’s staple is a West Virginia culinary treasure, and the social media outrage led Sheetz officials to reconsider, and stick with a West Virginia baker.

4. Don Blankenship Trial

Former Massey Energy CEO Don Blankenship was convicted on a misdemeanor charge of conspiring to violate mine safety laws.

Wilson said he was surprised a major coal operator was even indicted – much less convicted.

Credit Joel Ebert / The Charleston Gazette-Mail
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The Charleston Gazette-Mail
Don Blankenship outside the federal courthouse in Charleston

“How sad is it that the penalties for SEC and corporate reporting stuff are much more severe than those that involve the lives of working people,” Wilson said.

3. Heroin/Prescription Painkiller Abuse Epidemic

West Virginia has the highest rate of overdose deaths in the U.S. – 34 drug overdose deaths per 100,000 residents.

Credit Dave Mistich / West Virginia Public Broadcasting / via Tableau
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via Tableau
The West Virginia counties shaded dark red have the highest heroin overdose rates.

The crisis brought President Obama to West Virginia to discuss his efforts to deal with the epidemic.

You can find out more about this epidemic in our series, “The Needle and the Damage Done,” as well as an interactive map showing which counties have the worst problem.

2. Photos of Appalachia create controversy

Earlier this year, Jesse and Marisha Camp were driving through McDowell County when they were confronted by angry residents who believed they were taking photos of their children.

Credit http://photographyisnotacrime.com
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No one was injured, but Marisha Camp recorded the tense encounter.

Later, Vice.com published “Two Days in Appalachia,” a photo essay that generated a social media firestorm for how it portrays folks in eastern Kentucky.

Did Vice send photographer Bruce Gilden to Appalachia to make us look like freaks? And how does this feed into existing stereotypes of people here?

Credit Bruce Gilden, Vice
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These were some of the most popular stories on our website this year. Wilson says these stereotypes of Appalachia are as strong as ever.

1. The Front Porch begins!

“April 2015 shall go down in history, man,” Wilson said.

Subscribe to “The Front Porch” podcast on iTunes or however you listen to podcasts.

An edited version of “The Front Porch” airs Fridays at 4:50 p.m. on West Virginia Public Broadcasting’s radio network, and the full version is available above.

Laurie Lin, a guest and Rick Wilson

Share your opinions with us about these issues, and let us know what you’d like us to discuss in the future. Send a tweet to @radiofinn or @wvpublicnews, or e-mail Scott at sfinn @ wvpublic.org

The Front Porch is underwritten by The Charleston Gazette Mail, providing both sides of the story on its two editorial pages. Check it out: http://www.wvgazettemail.com/

Goodwin: 'We Don't Bring Charges We Can't Support'

Some 24 hours after a verdict was handed down in the trial of former Massey Energy CEO Don Blankenship, U.S. Attorney Booth Goodwin said he is not disappointed in the outcome. In fact, he’s calling the conviction on one misdemeanor count a victory.

“You’ve got to remember that this guy was convicted of reprehensible conduct,” Goodwin said. “He conspired to willfully violate laws that were designed to keep miners safe, laws that were written in the blood of coal miners’ past.”

Goodwin said there’s nothing he and his office can do about the penalties–the conviction carries a possible maximum sentence of up to one year in prison– but he believes count one was more serious than the two felony false statement counts tried in the case, calling it the “centerpiece” of the indictment.

“Ultimately, I think anyone is not excited at the prospect of going to jail for any length of time,” he said, “and it is a substantial fall from the boardroom to potential incarceration.”

For Goodwin, the most powerful piece of evidence in the prosecution’s case was the testimony of former miners who worked underground at Upper Big Branch. Many described the conditions, some saying they walked through water up to their chest to get to a section of the mine they were told to work in, and others discussed the violations they saw being committed on a daily basis. 

Despite the not guilty verdict on the two more serious felony counts of lying to investors and securities officials, Goodwin said he still believes they were appropriate charges to bring.

“We don’t bring charges that we don’t believe we can support at trial,” Goodwin said.

As for his political future now that the trial is over, Goodwin has been rumored as a potential candidate for governor, but would only say that his job is not permanent and he will eventually have to find a new career.

“This is what I enjoy doing, I like being able to get up every morning and feel like I’m making a positive change in a place that I love,” he said Friday.

“A life in public service is certainly one I want to continue and whether that requires a step into politics, I just don’t know yet.”

Blankenship on Trial: Guilty of Conspiracy

Jurors returned a split verdict Thursday in the trial of former Massey Energy CEO Don Blankenship finding him guilty on a misdemeanor charge of conspiring to violate federal mine safety laws. 

In the final episode of the podcast “Blankenship on Trial,” host Scott Finn discusses the verdict, its implications and what comes next with West Virginia Public Broadcasting’s Ashton Marra and Charleston attorney and former Assistant U.S. Attorney Mike Hissam.

The misdemeanor count could mean up to one year of jail time for the former coal executive. 

Blankenship was also found not guilty on two felony counts, the first for lying to investors, the second for lying to federal securities officials about Massey’s safety record following the 2010 Upper Big Branch mine explosion that killed 29 men and sparked the investigation into Massey and later its CEO.

The two felony charges held a combined max sentence of 25 yeas, much more than what Blankenship is facing.

Sentencing is scheduled for March 23.

Blankenship Found Guilty on Conspiracy Charge, Acquitted of Making False Statements

Jurors have found former Massey Energy CEO Don Blankenship guilty of conspiring to violate federal mine safety standards, a misdemeanor charge that carries up to a year of jail time. Deliberations lasted about 10 days.

The charges stemmed from an April 2010 explosion at Massey’s Upper Big Branch mine in Montcoal, W.Va. The blast killed 29 men who were working underground.

Jurors returned not-guilty verdicts on two counts of making false statements.

The government charged Blankenship with lying to investors and the federal Securities and Exchange Commission about Massey’s safety record following the Upper Big Branch explosion.

The trial began Oct. 1 in Charleston federal district court.

In seven weeks of testimony, U.S. Attorney Booth Goodwin’s office called 27 witnesses. The defense rested its case without calling a single witness.

Sentencing is tentatively scheduled for 10 a.m. on March 23. The defense says it will argue to push back date by a week because lead defense attorney has plans to be out of the country. 

The prosecution requested an additional $10 million bond, arguing that Blankenship still poses a flight risk. Judge Berger denied the motion.

Jury Issued Allen Charge in Blankenship Trial

Federal District Judge Irene Berger issued an Allen charge to jurors in the case of former Massey Energy CEO Don Blankenship Tuesday morning.

 

In the charge, which is given to prevent a hung jury, the judge urged jurors to consider both the majority and minority opinions as they continue to deliberate. Berger also added an instruction that if jurors can reach an agreement on some of the charges, they may return a partial verdict.

The charge came after a note from jurors around 11 a.m. Tuesday saying they were “deadlocked” and wanted further instructions. The defense objected to giving the instructions.

Blankenship is charged with conspiring to violate federal mine safety standards and lying to investors and the federal Securities and Exchange Commission about Massey’s safety record following the 2010 Upper Big Branch mine disaster.

The explosion in Montcoal, W.Va., killed 29 miners and sparked an investigation into Massey Energy’s practices and later Blankenship himself.

Jurors began their deliberations November 17, but returned a note November 19 saying they could not come to an agreement.

At the time, Berger ordered jurors to continue deliberating, saying considering the amount of evidence they had heard during the seven-week trial, she did not feel they had given the case enough consideration.

The trial began Oct. 1 in Charleston federal district court.

In the weeks of testimony, U.S. Attorney Booth Goodwin’s office called 27 witnesses. The defense rested its case without calling a single witness.

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