Tag: Massey Energy

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.

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.

 

Former Massey CEO Don Blankenship Indicted on Four Federal Charges

Former Massey Energy CEO Don Blankenship was indicted on four federal charges Thursday. The charges stem from a years-long investigation led by the FBI and the United States Department of Labor’s Office of Inspector General into an April 5, 2010 explosion at the Upper Big Branch mine owned by Massey that killed 29 miners. 

According to a news release from U.S. Attorney Booth Goodwin’s office, the indictment alleges that from about January 1, 2008 to April 9, 2010 Blankenship “conspired to commit and cause routine, willful violations of mandatory federal mine safety and health standards” at the mine.

The indictment from the U.S. State Attorney Office in West Virginia’s Southern District charges Blankenship with:

  • Conspiracy to violate mandatory federal mine safety and health standards,
  • Conspiracy to impede federal mine safety officials,
  • Making false statements to the United States Securities and Exchange Commission (SEC),
  • And securities fraud.

The four counts charged carry a maximum penalty of 31 years of imprisonment, according to the release from Goodwin’s office.  Goodwin, Counsel Steve Ruby, and Assistant U.S. Attorney Gabriele Wohl are handling the prosecution.
The U.S. Attorney’s Office of West Virginia’s Southern District has been moving up the Massey ladder since the investigation began. Former Upper Big Branch superintendent Gary May cooperated with prosecutors and admitted in March 2012 to defrauding the government by bridging methane monitors and falsifying documents. Last year, former President of once-Massey owned White Buck Coal Company, David Hughart admitted to working with others to ensure that his mine and others, owned by Massey, would have advance warnings of federal inspectors.

As The Charleston Gazette’s Ken Ward reports, Blankenship wrote in a May 2013 blog post: “If they put me behind bars … it will be political.” 

Roughly an hour before news of the indictment was breaking, Blankenship tweeted this:

You can view a full copy of the indictment here:

Event to Honor Upper Big Branch Victims

Friends and families of victims of a West Virginia mine explosion four years ago are meeting to remember their lost loved ones.
 
A gathering for those affected by the Upper Big Branch Mine disaster will take place Wednesday afternoon in front of the federal courthouse in Charleston. Saturday is the four-year anniversary of the explosion that killed 29 miners.

According to the Upper Big Branch Miners Memorial website, the event will run from noon to 3 p.m.
 
Massey Energy owned the mine. Former Massey CEO Don Blankenship released a documentary this week disputing that his company was at fault.
 
U.S. Sen. Joe Manchin says he was deceived into appearing in the film. He has demanded his interview be removed and the film be taken off the Internet.
 

Senator Claims Misrepresentation in UBB Film

Updated Tuesday April 1, 2014 at 9:27 a.m.

U.S. Senator Joe Manchin wants the company to pull the entire documentary from the internet, discontinue distribution, and remove all references of the Senator. According to a release, Manchin today sent a letter to Adroit Films, the firm that filmed and produced the Don Blankenship-funded documentary, demanding the company to remove what Manchin is calling “propaganda” from all websites.

Senator Manchin wrote, in part: “Your fraudulent behavior in securing the interview and your misrepresentation of my interview are actionable offenses. I expect you to cease distribution of this film and remove any references to my name, image, and likeness.  Please respond to this letter in writing immediately to confirm what actions you are taking in response to my request.”

The release goes on to say Senator Manchin’s office has repeatedly attempted to contact Adroit Films via phone and email. Adroit did not immediately return our requests for comment.

Updated Monday March 31, 2014 at 5:24 p.m. 

It appears that Adroit Films has pulled the individual interviews recorded for Upper Big Branch: Never Again.

The interviews were available earlier today to watch on YouTube along with the full documentary earlier today.

Credit Adroit Films, LLC
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Adroit Films, LLC

Former Massey Energy CEO Don Blankenship released a documentary today claiming it “looks at what really happened at the Upper Big Branch mine disaster.”

The film, released on YouTube Monday, is titled Upper Big Branch: Never Again, debuted just days before the fourth anniversary of the mining disaster that took lives of 29 miners.

Produced by Adroit Films, the documentary disputes the findings of the Mine Safety and Health Administration following the 2010 accident.

MSHA blamed the explosion on an unsafe level of coal dust and poor ventilation within the Raleigh County mine.

Instead, the film claims there is forensic evidence that natural gas inundated the mine through a crack on the mine’s floor and supplies testimony from “independent experts” to support that claim.

In a release, Senator Joe Manchin called the film company a propaganda firm. Manchin, who appears in the film, said the firm lied to his face when they approached him for an interview to talk about mine safety. He said they made no mention of the film’s ties to Blankenship.

“He should be more concerned with his role in the deaths of 29 brave miners and the ongoing U.S. Department of Justice investigation rather than filming a propaganda documentary,” Manchin said.

“I am not only livid that I was lied to, but I am even more enraged that Don Blankenship would manipulate a tragedy to promote himself and his own agenda.”

Manchin said he will be pursing legal action against Adroit Films.

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