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.

Don Blankenship Reports to Prison in California

A spokesman for the U.S. Bureau of Prisons says former Massey Energy CEO Don Blankenship has reported to a California prison to begin his one-year sentence.

Spokesman Justin Long says Blankenship is in custody Thursday at a federal facility in Taft, California.

According to the Bureau of Prisons’ website, the facility is operated by a private corporation.

Thursday was the deadline for Blankenship to report. The 4th U.S. Circuit Court of Appeals earlier Thursday denied a motion by his attorneys requesting that Blankenship remain free while he appeals his conviction.

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.

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.

Prosecutors: Ex-Coal Chief Should be in Prison During Appeal

Prosecutors are urging a federal appeals court not to allow former coal company executive Don Blankenship to remain free while the court considers an…

Prosecutors are urging a federal appeals court not to allow former coal company executive Don Blankenship to remain free while the court considers an appeal.

The Charleston Gazette-Mail reports that government lawyers say allowing the ex-Massey Energy CEO to continue his $1 million bail would be contrary to federal law. They say the law allows appeals to delay jail sentences only in “exceptional circumstances.” Blankenship is scheduled to report to prison May 12.

He 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 a decision is reached.

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