Tag: Gag Order

Gag Order Not Needed if Trial Moved

Former Massey Energy CEO Don Blankenship’s lawyers say a gag order in his criminal case would be unnecessary if his trial is moved.

They say in a legal brief that polling shows about half of the community in the U.S. District Court’s Beckley Division believes Blankenship is guilty.

Defense lawyers filed the brief this week in the 4th Circuit Court of Appeals in Virginia in response to an appeal regarding the gag order. The brief says the appeals court should allow U.S. District Judge Irene Berger to rule on Blankenship’s motion to move the trial before it acts on the appeal.

Blankenship is charged with conspiring to violate safety and health standards at the Upper Big Branch Mine in West Virginia. The mine exploded in 2010, killing 29 men.

Gag Order Appealed in U.S. Circuit Court

News outlets are appealing a judge’s ruling over a gag order in ex-Massey Energy CEO Don Blankenship’s criminal case.

Blankenship was CEO when the Upper Big Branch Mine in southern West Virginia exploded, killing 29 men in 2010.

The Associated Press,NPR and other outlets appealed the ruling Friday in the 4th U.S. Circuit Court of Appeals. Among those outlets are National Public Radio and Friends of West Virginia Public Broadcasting. It asks the court to make court documents public.

In January, U.S. District Judge Irene Berger ruled that much of her gag order was necessary to keep prospective jurors unbiased. Berger made opinions and orders public, but kept most documents sealed. She continued restricting attorneys or relatives of victims from discussing the case with reporters or releasing court documents.

Blankenship is charged with conspiring to violate safety and health standards at Upper Big Branch.

UBB Victims' Families Want Gag Order Lifted in Blankenship Case

Families of the 29 West Virginia coal miners killed in a 2010 explosion are asking a federal judge to lift a gag order in the criminal case against the mining company’s former chief executive.

The Charleston Gazette reports that lawyers for the estates of 14 of the victims filed the motion Thursday. The families want the gag order lifted so they can testify freely to West Virginia lawmakers about bills that would narrow the rights of workers to sue employers over workplace injuries and deaths.

U.S. District Judge Irene Berger in Beckley imposed the gag order the day after former Massey Energy CEO Don Blankenship was indicted on mine safety and security charges. Earlier this month, Berger denied a motion by five news organizations to remove the gag order.

 

ACLU Brief Backs Media Challenge of WV Gag Order

The ACLU is supporting news organizations challenging a gag order in an ex-coal executive’s criminal case.

In a brief supporting the motion, the American Civil Liberties Union of West Virginia Foundation says the order is prior restraint on speech. The organization filed the brief Thursday and distributed it to media outlets Friday.

U.S. District Judge Irene Berger’s order restricts parties or victims from discussing former Massey Energy CEO Don Blankenship’s 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 asking Berger to drop or modify the order.

Blankenship is charged with conspiring to violate safety and health standards at Upper Big Branch Mine, where a 2010 explosion killed 29 men.

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.

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