Blankenship trial ends week with 25th prosecution witness

CHARLESTON, W.Va. — A former top official with Massey Energy told a federal jury Friday that “Don Blankenship knew the company better than anybody.”

The testimony came from former Massey Chief Administrative Officer John Poma who was questioned Friday afternoon about a statement the company released to shareholders and filed with the federal Securities Exchange Commission a few days after the April 5, 2010 explosion at the Upper Big Branch mine that killed 29 workers.

Don Blankenship leaves the Charleston Federal Courthouse with Eric Delinsky, one of his attorneys.
Don Blankenship leaves the Charleston Federal Courthouse with Eric Delinsky, one of his attorneys.

Poma was on the stand for the prosecution which has charged Blankenship, the former Massey CEO, with not only conspiring to break federal mine safety laws at UBB but also with lying to the SEC in that statement. A conviction on that charge could mean 20 years in prison.

Poma said he was dispatched to West Virginia shortly after the UBB explosion from his office in Richmond, Va. He was charged to shepherd the effort to put out the company’s official response to the tragedy.

The linchpin of the government’s case is the phrase in that statement, “We do not condone any violations of MSHA regulations and we strive to be in compliance at all times with all regulations.”

Federal prosecutors allege Blankenship, 65, knew that statement was untrue and had plenty of opportunity to change it but didn’t.

Under cross examination, Poma told defense attorney Eric Delinsky neither the statement’s original author, Massey investment relations official Roger Hendrickson, or Massey General Counsel Shane Harvey, the last person to see the statement before it was submitted, changed it. However, under redirect questioning, Poma told U.S. Assistant Prosecutor Greg McVey it was Blankenship, more than anyone else in the company, who knew how the company operated. He said the whole purpose of the process of putting the statement together was to get Blankenship’s approval.

Poma was the final witness Friday.

The 24th prosecution witness stepped down from the stand  Friday morning after testifying for parts of four days.

“Praise God,” said Bill Ross, a former longtime Mine Safety and Health Administration ventilation expert who was hired at Massey after his MSHA retirement in 2008, when told at the start of Friday his testimony was coming to a close.

Jurors, though, weighing the three criminal charges against Blankenship may not have heard the last from Ross in this trial.

After redirect questioning ended shortly before 12 p.m., U.S. District Judge Irene Berger denied a defense motion to recross Ross on specific issues of MSHA belt air regulations and an additional air shaft request for the Upper Big Branch Mine that Blankenship denied in 2008.

Even though she found no new material to warrant a recross, Berger did not dismiss Ross as a witness which gives Blankenship’s defense the opportunity to call him back to the witness stand later, if necessary.

On the stand Friday, Ross revisited the many violations recorded at the UBB Mine, a “very big mine” that Ross described as “old with new workings.”

Steve Ruby, assistant U.S. attorney, also asked Ross again about the late 2009 ventilation plan that used belt air at UBB, Blankenship’s denial of an additional air shaft for UBB in 2008 and staffing levels at UBB along with other Massey mines in comparison with those for other coal companies.

“It’s not okay to have any” mine safety violations, Ross told the jury.

Blankenship’s trial has now crossed the five week mark. Friday was the 21st day of testimony for the trial that began on Oct. 1 with jury selection.





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