UBB Story Archives - West Virginia Public Broadcasting

Ordered to Drop Politics, Ex-Coal CEO Shows Views on Trial

An outspoken critic of President Barack Obama charged with conspiring to violate mine safety rules before a deadly explosion is under orders not to tell jurors he’s being persecuted by Democrats.

The federal judge also warned former Massey Energy CEO Don Blankenship that safety rules are not on trial.

But Blankenship hasn’t checked his Republican politics at the courtroom door, and criticizing the inspectors remains key to his defense.

Blankenship’s attorney William Taylor has argued that the U.S. Mine Safety and Health Administration inspectors targeted Massey’s mines after Obama took office, spending twice as long in Upper Big Branch in 2009 as in 2007, under President George W. Bush.

He also said regulators demanded ventilation changes “almost impossible to implement” before an explosion killed 29 miners in 2010.

Prosecutors Play Back Ex-Coal CEO's Phone Calls at Trial

In ex-Massey Energy CEO Don Blankenship’s criminal trial, prosecutors have started replaying phone calls that the executive secretly recorded in his office.

In recordings played in Charleston federal court Friday, Blankenship tells a girlfriend Massey’s board is “so unappreciative,” and complains board members wanted to pay him only $12 million.

He said he sold stock to make Massey stock only 25 percent of his net worth, adding that he didn’t have as much money as he should because he’s so conservative.

In a dictated memo, he said capital spending without approval would be grounds for termination.

Blankenship is charged with conspiring to break mine safety laws and lying to financial regulators about safety practices at Upper Big Branch Mine in West Virginia, which exploded in 2010, killing 29 miners.

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.

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.

UBB Victim's Father Reacts to Blankenship Indictment

Gary Quarles lost his son in the Upper Big Branch disaster. Since then, he’s looked for peace, understanding and justice.

Quarles wanted to see Don Blankenship held accountable for the conditions at the mine and the death of his son.

Blankenship’s Reputation

Quarles worked for Massey Energy as buggy operator for nine years and he knows first hand what kind of operation Blankenship was running.

“Don Blankenship’s name was known throughout Massey,” he said.

Quarles says his son, Gary Wayne, knew Blankenship too. Gary said Blankenship made it known that he was the man in charge.

“He made himself known,” Quarles said. “Since he’s the man in charge he’s the man to blame.”

Blankenship became known to most West Virginians when he threw more than $3 million into a West Virginia Supreme Court election back in 2004.

Will this indictment send a message?

Quarles still lives in Raleigh County, not far from the Upper Big Branch mine. He’s often expressed his concerns about current coal miners. He hopes the indictment sends a message to the industry.

“It’s going to make any other top management people do what’s right,” Quarles said, “When they think about falsifying records and lying about everything coming and going that, hey I might be the next one that has to go to jail.”

“Let’s get it done,” Quarles replied after asked if the indictments give him peace. “Just hearing about this it helps. Let’s get the rest of it done and see what all happens.”

Number of Repeat Mine Safety Violators Down

The government says that the number of chronic safety violators among mine operators has fallen sharply in recent years.

The Mine Safety and Health Administration says the number has dropped in response to reforms the agency has taken to rein in mines cited frequently for safety violations.

Prior to 2010 no mine had ever been placed on a pattern of violations, or POV status. Safety reforms aligned the POV regulatory rule, with Congress’s original intent in enacting the Mine Act.

According to a release, during MSHA’s 2010 screening, 51 chronic violators were identified for further review among mine operators. But for this year’s screening, that number had dropped to 12. The biggest reduction came in coal mines, which dropped from 42 in 2010 to six this year.

The National Mining Association credits the industry’s own safety program, rather than MSHA, with the progress.