Tag: Judge Irene Berger

Judge Orders 300 Perspective Jurors in W.Va. Coal CEO Case

A federal judge is ordering a jury pool of 300 southern West Virginians in the criminal case against former Massey Energy CEO Don Blankenship.

In southern West Virginia federal court Thursday, Judge Irene Berger ordered a random selection of 300 prospective jurors from the Charleston and Huntington divisions.

Prospective jurors will have to complete a questionnaire by Aug. 31.

Blankenship’s trial is scheduled to start Oct. 1 in Charleston. He faces charges that he conspired to violate mine safety standards at the Upper Big Branch mine in West Virginia. An explosion at the mine in 2010 killed 29 men.

Ex-Coal CEO's Lawyers Say Prosecution Documents Massive

  Attorneys for Don Blankenship say prosecutors have given them more than 4 million pages of documents without identifying information that the government plans to rely on at the former Massey CEO’s trial.

In a motion filed Tuesday, the attorneys say they won’t have time to review all the documents to find this information before the trial, which is scheduled for July. Their motion asks U.S. District Judge Irene Berger to order prosecutors to identify all documents that they intend to use.

Blankenship’s attorneys say prosecutors’ massive production of documents doesn’t meet their obligations under a U.S. Supreme Court ruling. The ruling says prosecutors violate a defendant’s constitutional rights by not turning over evidence that could prove a person’s innocence.

The Charleston Daily Mail first reported the filing.

Judge Puts Blankenship's Bid to Move Trial on Hold

  A federal judge won’t decide whether to move former coal baron Don Blankenship’s criminal trial until after potential jurors are questioned in Beckley, West Virginia.

Blankenship has asked for a change of venue, arguing that he cannot get a fair trial in southern West Virginia because of prejudicial news coverage. The former Massey Energy CEO was charged with conspiring to violate safety standards at the Upper Big Branch Mine after a blast killed 29 men in 2010. It was the deadliest U.S. mine disaster in four decades.

U.S. District Judge Irene Berger said in Friday’s order that Blankenship’s motion will be put on hold until after questioning of potential jurors is completed. That process is set to begin July 9. The trial is scheduled for July 13.

Court in Va. Hears Media's Gag Order Appeal in Blankenship Case

A lawyer for five media organizations has urged a federal appeals court to toss out a gag order in former Massey Energy CEO Don Blankenship’s criminal case.

Blankenship was CEO when the Upper Big Branch Mine in West Virginia exploded in 2010, killing 29 men. He’s charged with conspiring to violate safety and health standards.

The Friends of West Virginia Public Broadcasting, NPR, The Associated Press and other news outlets are appealing U.S. District Judge Irene Berger’s gag order in the case. 

At a hearing Monday in Richmond, an attorney for the media organizations told a three-judge panel of the 4th U.S. Circuit Court of Appeals that the order violates the First Amendment by barring virtually anyone with knowledge about the case from discussing it publicly. That includes victims’ relatives.

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