Tag: Don Blankenship

Outlets Want Gag Order Lifted While Blankenship Wants to Change Trial Location

Former Massey Energy CEO Don Blankenship appeared Wednesday in US Federal Court in Beckley.Judge Irene Berger heard arguments in two hearings in relation…

Former Massey Energy CEO Don Blankenship appeared Wednesday in US Federal Court in Beckley.

Judge Irene Berger heard arguments in two hearings in relation to Blankenship’s criminal case.  

One involved a motion to lift the broad gag order while the other requested more time to prepare motions and for trial.

Several media outlets including Friends of West Virginia Public Broadcasting and NPR are challenging a gag order Judge Berger issued after former coal company CEO Don Blankenship was indicted on federal conspiracy charges.

Blankenship is accused of conspiring to violate mine safety laws in the years that lead up to the Upper Big Branch Explosion that killed 29 men in 2010. Representing the media outlets, Sean McGinley argued that the gag order should be lifted because it violates first amendment rights, unsealing court documents will give reporters and the public a better understanding of the proceedings.

Blankenship’s attorney supports the gag order as long as the court proceedings are scheduled to happen in the 4th District, Southern West Virginia. But Blankenship, and his attorneys, don’t want to be tried in Southern West Virginia.

During this hearing, one of Blankenship’s attorneys sited the former CEO’s long standing controversial reputation in Southern West Virginia calling him a ‘strike breaker’ in reference to his bout with the United Mine Workers of America in the 1980’s. Blankenship’s attorney went on to say they needed two months to prepare these motions and a year to prepare for the trial. 

Steve Ruby with the US Attorney’s office questioned the need for more time to prepare a motion to file a transfer of venue. Judge Berger extended the deadline and asked for a written request of the specified date.

Blankenship Wants Case Moved

A former Massey Energy CEO wants his criminal case moved and Jan. 26 trial delayed one year.

U.S. District Judge Irene Berger heard requests Wednesday in Beckley in Don Blankenship’s case.

Blankenship’s attorney said he couldn’t get a fair trial in southern West Virginia because of bad publicity.

Also Wednesday, Berger heard news organizations argue against a gag order, which they want dropped or modified.

The order restricts parties or victims from discussing the case with reporters or releasing court documents.

The Associated Press, The Charleston Gazette, The Wall Street Journal, National Public Radio and Friends of West Virginia Public Broadcasting are involved.

Blankenship is charged with conspiring to violate safety and health standards at the Upper Big Branch Mine. A 2010 explosion there killed 29 men.

Judge Orders Hearing on Motion to Lift Gag Order

The judge in Don Blankenship’s case has scheduled a hearing after the former Massey CEO responded Thursday to a request by several news outlets to lift a gag order. 
 
U.S. District Judge Irene Berger issued the order Thursday evening scheduling a hearing on the motion to lift the gag order.

That motion was filed by the Friends of West Virginia Public Broadcasting, The Charleston Gazette, The Associated Press, The Wall Street Journal and National Public Radio Nov. 14.

 
Blankenship was indicted in November on charges that he willfully violated federal mine, safety and health regulations. Those regulations were meant to control coal dust in mines. 
Prosecutors say his violations lead to the Upper Big Branch Mine Disaster, killing 29 men.

Shortly after his indictment, Judge Berger issued a gag order in the case forbidding Blankenship, his attorneys, prosecutors and any family member from speaking with the media about the proceedings. The order also sealed all court documents in the case.

 
The hearing is scheduled for Wednesday, December 17, at 10 a.m. in Beckley.

Media Outlets Challenge Gag Order in Blankenship Case

The Friends of West Virginia Public Broadcasting joined four other news outlets challenging a judge’s gag order in a former West Virginia coal executive’s criminal case. 

The motion was filed Monday in U.S. District Court in Beckley by The Associated Press, The Charleston Gazette, The Wall Street Journal, National Public Radio and the Friends of West Virginia Public Broadcasting.

Media members asked Judge Irene Berger to drop or modify her order in the case of former Massey Energy CEO Don Blankenship.

Blankenship is accused of conspiring to violate safety and health standards at Upper Big Branch Mine in West Virginia. A 2010 explosion there killed 29 men.

Berger’s order says parties or victims cannot discuss the case with the media or release court documents.

The motion says Berger offered no information supporting why a jury wouldn’t be fair and impartial without the restrictions.

Blankenship Pleads Not Guilty, Bond Set at $5 Million

Former Massey CEO Don Blankenship stood with three attorneys as he pleaded not guilty Thursday in U.S. District Court in Beckley. Blankenship was indicted on charges of conspiring to violate mine safety rules and then lying about it.  Blankenship appeared before U.S. Magistrate Judge R. Clarke VanDervort.   

Families Can’t Hide Their Emotions

It was an emotional day for several families of the victims as well as environmentalists turning out to witness the arraignment. Some family members fought back tears as Blankenship sat with his right arm dangling over the back of his seat, often looking back at the group in attendance.

U.S. District Judge Irene Berger issued a gag order last week which prevents any parties involved, including attorneys and family members of the victims, from speaking with the media or releasing court documents.

Tommy Davis lost his son Cory Thomas in the explosion on April 5, 2010. Shortly after the gag order was issued, Tommy Davis spoke with WCHS-TV  saying, “I have nothing no more.” Davis spoke to the media because he felt he had nothing else to lose.

Credit Jesse Corlis
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  Gary Quarles lost his son Gary Wayne Quarles in the blast. Quarles spoke with West Virginia Public Radio before the gag order was issued. As a former Massey Energy miner, Quarles says he’s familiar with Blankenship’s management style.

Both Davis and Quarles attended the hearing. Several of the families of the victims couldn’t hide their emotions when U.S. Magistrate Judge R. Clarke VanDervort decided on the conditions of the bond.

Some families broke down in tears just outside the courtroom when the hearing was over.

Bond Conditions

Both parties agreed to a $5 million bond. Blankenship’s attorney requested he “return home” to his current residence out of state. Steve Ruby with the U.S. Attorney’s Office argued that Blankenship was “in possession of a tremendous amount of money” with “notable foreign ties.”

One of Blankenship’s lawyers said Blankenship would be present “to fight the allegations.” 

The judge ordered Blankenship to reside at an undisclosed address only referred to as, “residence number 1” with limited travel to the Southern District of West Virginia, Kentucky, and Washington D.C.

VanDervort also ordered Blankenship to avoid contact with the victims’ families. Federal testimony shortly after the blast revealed that some of the men killed in the Upper Big Branch explosion were scared to speak out about unsafe conditions for fear of retaliation.

JudgeVanDervort said the substantial charges, the fact that a grand jury found probable cause for conviction and the fact that Blankenship had a bank account in another country merited the conditions of the bond. 

His trial is scheduled for January 26 in front of U.S. District Court Judge Irene C. Berger in Beckley.

 

Blankenship Ordered to Appear for Arraignment, Gag Order Set

A federal Magistrate has denied former Massey CEO Don Blankenship’s request to delay arraignment proceedings.

According to court records, Magistrate Judge R. Clarke VanDervort denied Blankenship’s request to postpone his initial court appearance. VanDervort ordered Blankenship to appear in court, surrender his passport, prepare to meet and discuss his financial circumstances, and other actions to prepare for court proceedings.

The former Massey CEO  is set to be arraigned in federal court on Thursday. The former leader of what was once one of the largest coal producers in the country Massey Energy CEO, Don Blankenship was indicted by the United States Attorney’s Office on two mine safety charges, lying to the securities and exchange commission and securities fraud.

The decision to proceed this week with his arraignment comes days after the judge presiding over Blankenship’s criminal case issued a gag order for the parties involved.

Last week Federal Judge Irene Berger issued a gag order that’s basically broken down into two parts:

First, it prevents both parties involved, Blankenship and the US Attorney’s Office from speaking to the media.  That includes:

“… their counsel, other representatives or members of their staff, potential witnesses, including actual and alleged victims, investigators, family members of actual and alleged victims as well as of the Defendant, nor any court personnel shall make any statements of any nature, in any form, or release any documents to the media or any other entity regarding the facts or substance of this case.”

The second part of the gag order stipulates some proceedings in the case also go unreported such as

“…any and all motions, stipulations, discovery requests, responses, supplemental requests and responses, and other relevant documents shall be filed directly with the Clerk …” 

The court orders that access to all documents filed in said way,  “be restricted to the case participants and court personnel.“

Long time mine safety advocate, former Kentucky Mine Safety prosecutor Tony Oppegard says the order is unusually broad and seems to effectively prohibit anyone with even vague connections to the case from talking to the media.

“As an attorney I would have to assume in good faith that the judge is trying to avoid, through this gag order, poisoning the pool of potential jurors,” Oppegard said.

It appears, however, that summaries of court proceedings, will be made public. Still, some media outlets are considering challenges to the gag order on constitutional grounds.

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