CHARLESTON, W.Va. — Former Massey Energy CEO Don Blankenship said during an appearance on MetroNews “Talkline” Tuesday he’s confident U.S. District Judge Irene Berger will throw out his 2015 conviction on mine safety regulations and grant him a new trial.
“I’m confident she’ll throw it out because if she don’t throw it out it goes to the next level and the next group of judges may not be so kind to Goodwin (former U.S. Attorney Booth Goodwin) and Ruby (former assistant federal prosecutor Steve Ruby) and the whole process,” Blankenship said.
U.S. Magistrate Judge Omar Aboulhosn has filed a 60-page recommendation that says federal withheld information from Blankenship’s defense. However, Aboulhosn he could not conclude wrongdoing by federal prosecutors, only errors.
Blankenship strongly disagreed during his “Talkline” appearance.
“It’s just not the case. Goodwin actually ordered Ruby not to turn them (the documents) over because Judge Goodwin (U.S. District Judge Joseph Goodwin) got angry with the aggressiveness of my defense team,” Blankenship said.
Former U.S. Attorney Booth Goodwin, when contacted by MetroNews Monday, said Aboulhosn filing was just a recommendation and it wasn’t proper to comment at this time.
Blankenship said among the information not turned over to his attorneys includes “hundreds of emails and documents that would have made it impossible for them to convict me.”
Blankenship the information shows that the federal Mine Safety and Health Administration (MSHA) caused a lot of the violations at Massey’s Upper Big Branch Mine in Raleigh County where a 2010 explosion killed 29 miners.
“They didn’t put on a single (MSHA) inspector (to testify), even though they put in a hundred documents evidencing violations. It was a kangaroo court from the beginning and the prosecution and was insanely out of bounds,” Blankenship said Tuesday.
Blankenship spent a year in jail following a misdemeanor conviction of conspiracy to violate mine safety regulations. He also had to pay a $250,000 fine and serve one year of supervised release. He said his fight is far from over but he said it’s really not about him.
“People are too fixated on Don Blankenship,” Blankenship said. “This is a United States government judicial system in southern West Virginia that is outside the bounds of the law.”
Blankenship said he got a little tired of being abused.
“I thought I would strike back. It’s definitely not over yet,” he said.
There’s no specific timeline on when Judge Berger may make a decision on Aboulhosn’s recommendation.