Blankenship Story Archives - West Virginia Public Broadcasting

Judge Denies Ex-Coal CEO Blankenship’s Request To Overturn Conviction

A federal judge has denied a request by former Massey Energy CEO Don Blankenship to overturn his criminal conviction for his role in the 2010 Upper Big Branch Mine disaster.

In a ruling issued Wednesday, U.S. District Judge for the Southern District of West Virginia Irene Berger denied Blankenship’s request to set asside his conviction for his role in the Upper Big Branch Mine explosion be set aside.

Blankenship served a one-year prison sentence for a misdemeanor charge for conspiring to violate federal mine safety standards. The April 5, 2010 explosion at the Upper Big Branch Mine in Montcoal, West Virginia killed 29 men.

Blankenship was seeking the reversal of his conviction because attorneys for the U.S. government failed to hand over documents, including emails and records related to federal Mine Health and Safety Administration, or MSHA, employees. His attorneys argued that could have exonerated the former CEO.

In August, Magistrate Judge Omar Aboulhosn agreed with Blankenship’s arguments and recommended his conviction be reversed.

Berger disagreed. In her 37-page ruling, she wrote that she agreed that federal prosecutors erred when they failed to turn over documents prior to Blankenship’s trial.

“The sheer number of undisclosed documents is troubling,” Berger said.

But, she said, ultimately that was not enough to reverse his conviction, writing “there is clear precedent that guides the analysis and dictates the ultimate resolution in this matter.”

Blankenship can appeal the decision to the U.S. Court of Appeals for the Fourth Circuit. A request for comment was not immediately returned.

Don Blankenship Makes Appeal to U.S. Supreme Court

Attorneys for former Massey Energy CEO Don Blankenship have made a last pitch to the U.S. Supreme Court to throw out his conviction connected to a 2010 West Virginia mine explosion that killed 29 miners.

Attorneys for Don Blankenship say in the appeal that the high court should hear it so that other corporate executives aren’t subject to similar prosecutions for workplace safety violations.

The Charleston Gazette-Mail reports that the lawyers want the court to reverse Blankenship’s 2016 conspiracy conviction. Blankenship was not charged in causing the disaster, but the charge focused on safety violations at the Upper Big Branch mine. His appeal is considered a longshot.

Blankenship was sentenced to one year in prison and a $250,000 fine, both the maximum allowable for a criminal mine safety violation.

Blankenship Attorneys Seek More Time to File Rehearing Petition

Attorneys for Don Blankenship are seeking more time to file a petition for a rehearing in order to consult with the convicted former Massey Energy CEO in prison.

Blankenship’s attorneys filed a brief Wednesday with the 4th U.S. Circuit Court of Appeals in Richmond, Virginia. The court last week affirmed Blankenship’s conviction in connection with the deadliest U.S. mine disaster in four decades.

The 66-year-old Blankenship is serving the maximum one year in a California prison for conspiring to violate federal mine safety law and is scheduled for release May 10.

Blankenship’s attorneys say the prison restricts the days on which attorney visits are permitted and that they plan to meet with Blankenship next Sunday. They want to extend a deadline to file the petition by eight days to Feb. 10.

The 10 Biggest Stories from West Virginia's 2016

What were the top stories in West Virginia from 2016? We searched our archives from the past year and compiled this list of the most popular stories.

As we cap off 2016, West Virginia Public Broadcasting’s producers and programs share their most memorable moments of the year. Find each of our Best of 2016 posts at wvpublic.org/term/best-2016.

10. Chlorine Leak from Axiall Corp. Sends Two to Hospital, Evacuates Communities

Two people were transported to hospitals for inhalation injuries, others were treated at the site of a reported chlorine leak in Marshall County.

9. Governor Tomblin Signs Budget that Taps Reserves

West Virginia Gov. Earl Ray Tomblin signed that took $147.5 million from the state’s $922 million Rainy Day Fund to cover a projected shortfall.

8. Blankenship Gets One Year in Prison, One Year Supervised Release, $250,000 Fine

Former Massey Energy CEO Don Blankenship was sentenced to the maximum one year in prison and another year of supervised release for his role in a conspiracy at the company to skirt mine safety standards.

7. Ohio Man Arrested in Connection with Huntington Overdoses

An Akron, Ohio man was arrested connection with a rash of overdoses in Huntington. Emergency crews responded to 26 overdoses in a four-hour span and two people died in connection with the same batch of heroin distributed in the city.

6. W.Va. Medicaid Doctors Put on Alert as State’s Cash Flows Dwindle

More than 24,000 doctors across West Virginia who accept Medicaid were put on alert Monday that the state may not be able to “continue to process claims at the same consistent level.”

5. PEIA Board Approves $120 Million in Cuts for Second Time

the state Public Employees Insurance Agency, or PEIA, Finance Board voted unanimously to reinstate benefit cuts, affecting health care costs for some 230,000 West Virginians.

4. Common Core, School Calendar Bills Vetoed

Gov. Earl Ray Tomblin vetoed two education bills, one that would have repealed Common Core aligned standardized tests in the state and a second that would have allowed county boards to schedule fewer then 180 days in their school calendars.

3. West Virginia Senate Approves ‘Brunch Bill’

Senators unanimously passed a bill that would move the start of Sunday alcohol sales from 1 p.m. to 10 a.m.

2. Election 2016

From the primary elections in May to the general election in November, election stories were constant sources of headlines in 2016. Here were the top posts:

Live Blog: 2016 West Virginia Primary

10 Takeaways from the W.Va. Primary Election

‘Trump Digs Coal’ at Charleston Rally

Election 2016: West Virginia Goes For Trump, Justice Wins, State Legislature Remains with GOP

1. June 2016 Flood

Heavy flooding in West Virginia during June claimed 23 lives, destroyed more than 4,000 homes and businesses and resulted in 10 counties being declared federal disaster area. Through statewide coverage and individual stories, this disaster produced the most compelling stories of 2016

Flooding in Richwood: Image Gallery

Greenbrier Resort Opens Doors to Flood Victims

‘I Almost Gave Up’: Flood Survivor Remembers the Voice Who Saved Her

Inside Appalachia: West Virginia’s 1,000 Year Flood

You’ve now experienced 2016 through West Virginia Public Broadcasting. Make sure to follow @wvpublic on social media and sign-up for our email newsletter to keep up with 2017’s stories.

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.

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.