Federal investigators have moved methodically in their criminal investigation of the Upper Big Branch Mine disaster. So far, four people have pleaded guilty or been convicted as a result of the U.S. Attorney’s investigation following the 2010 explosion at the Raleigh County mine that killed 29 miners.
Thursday, the highest ranking former Massey official to be charged so far, operator David Hughart, appeared in federal court in Beckley to plead guilty to routinely violating health and safety laws at Massey’s Green Valley resource group in Nicholas County to increase production.
But there was a twist during the otherwise routine proceedings that caught everyone, including federal prosecutors, by surprise.
When asked by Judge Irene Berger to identify others who conspired with him, Hughart said “the chief executive officer.” Hughart did not mention him by name, but the CEO of Massey during Hughart’s tenure with the company was Don Blankenship.
The Charleston Gazette quoted Hughart’s wife, Karen, as saying after the hearing that “Don Blankenship is the reason we’re here today. My husband was told he would be blackballed from the coal industry if he didn’t go along.”
Blankenship’s attorney, William Taylor, told the Gazette, “We are quite surprised at the reports of Mr. Hughart’s statements at the time of his guilty plea. Mr. Blankenship did not do anything illegal or improper. To the contrary, he did everything he could to make Massey’s mines safe.”
Federal investigators won’t say publicly whether they are trying to get to Blankenship. U.S. Attorney Booth Goodwin continues to make only general comments. “This is a significant step forward,” Goodwin told me last year when Hughart was charged. “This is not the end of the investigation.”
But how far up the ladder can or will investigators go? Hughart’s comment, if true, hints at what the U.S. Attorney’s office is trying to find out: was there a corporate culture at Massey, including UBB, where upper management pushed operators to skirt safety laws to keep production levels high?
United Mine Workers President Cecil Roberts, long a Blankenship adversary, saw significant meaning in Hughart’s statement.
“Finally there is a witness to Blankenship’s misdeeds who will step forward and tell what he knows. Hopefully more will follow suit,” Roberts said. “If the investigation into the tragedy at the Upper Big Branch Mine is to be complete, Don Blankenship’s indictment – and then conviction – is the only possible outcome.”
However, it’s not enough to have Hughart off-handedly implicate Blankenship. Hughart is now a convicted felon who was fired by Massey, so his credibility is questionable at best.
Meanwhile, Goodwin says Hughart continues to cooperate with investigators, who seem content to methodically chip away at the case.
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Comments
GregG
Good luck getting anything to stick to Teflon Don.
March 1, 2013 at 7:03 am | Report comment
Wowbagger
I used to think that Massey was just another coal company, then I took a close look at their financials and history. Not direct evidence, but without all of the leftist hype Massey was at minimum very poorly managed and not safety oriented.
One disaster leading to negative free cash flow (profit) should be a wake-up call. Two perhaps might be interpreted as "Oops we had better fix this fast". More than two under one management team is just plain negligent and possibly even criminal.
March 1, 2013 at 7:37 am | Report comment
CaptainQ
Hoppy, this is one function of the Federal government relating to the coal industry I wholeheartedly support. Everyone, and I mean, EVERYONE who played a part in this horrible tragedy needs to be held accountable for it. From Don Blankenship on downward in the organization, those who had a hand in the deaths of these miners should be charged and brought to trial for it.
Although this story is of great local interest to us in WV, I'm a little surprised you didn't use today's commentary to talk about the sequester, Hoppy. As I predicted, no action was taken by Obama or the Democrats to even meet with the GOP leadership in the House to try to hammer out a deal before the deadline. Instead, the President went 'on tour' to Virginia to lecture America on how all these budget cuts were 100% the fault of the nasty, evil, knuckle-dragging Republicans. Have to give Obama credit for utilizing his friends in the Main Stream Media in order to deliver the message to the world that all of these draconian measures were engineered by the GOP. As was the case a few months ago, the President will wait a day or two, introduce HIS budget plan, ram it down the House's throats, pass it retroactively and take ALL the acclaim for 'saving the U.S. economy.
On second thought, Hoppy, it was good you didn't cover that story, because we've all seen this 'opera' before. It seems to be just more political 'theater' and no one does 'politics' in America better than Obama.
March 1, 2013 at 8:46 am | Report comment
TD
Trust your instincts I say and my instincts ALWAYS told me Don Blankenship was a no good SOB who would put his/company profits over his men at every opportunity. Everytime I have ever seen Blankenship I had the feeling his arrogance and attitude would catch up with him some day.
Perhaps, finally the truth will come out and he will have to pay for his actions, although there is no way justice can ever be done for the 29 families, well more than 29, how many additional miners perished in his mines over the years because of his policies?
As the great philisopher Bertrand Russell said, "the problem with the world is the stupid are cocksure and the intelligent are full of doubt." The first part of that statement sums up Don Blankenship perfectly.
March 1, 2013 at 8:48 am | Report comment
bulldog95
I am just wondering where your "instincts" came from? Have you actually met the man? If so, did you spend more than 5 minutes talking to him?
If not then I suspect your "instincts" are being fed from the UMWA and the media. The UMWA doesnt like him because he isnt union, plain and simple.
If he did give orders to cut corners and it can be proven in court, not in the court of public opinion, then let him fry.
March 1, 2013 at 11:55 am | Report comment
DWM
Hop,
My hope is that Don Blankenship gets his day in court and has a fair trial. If he is guilty of fostering this disregard for safety, I hope he pays dearly, if not, he should walk. Clearly, Cecil Roberts has always had an ax to grind. I think he would be better served by keeping silent and letting the courts do their job.
March 1, 2013 at 9:29 am | Report comment
Hop'sHip
Yes. Blankenship would not resort to making accusations against someone without giving them the opportunity to defend themselves. One thing we know about Don is that whatever he has done it was "For the Sake of the Kids"!
http://www.dailymail.com/Opinion/Commentary/201111290137?page=1&build=cache
March 1, 2013 at 10:16 am | Report comment
Shadow
Your reference doesn't relate to this subject, did you get it wrong?
March 1, 2013 at 2:21 pm | Report comment
Hop'sHip
Shadow: Don was accusing McGraw of protecting a child molester. Roberts is accusing Blankenship of being complicit in the tragic death of workers under his employ. I apologize. I didn't mean to make you have to think.
March 1, 2013 at 2:40 pm | Report comment
Shadow
I guess I couldn't get past his stupid diatribe over Joe Paterno and his bias toward him. Whoever wrote that article has scrambled brains and confused thoughts if that is what he was trying to say. I guess you have to know more of the events that proceeded the opinion.
March 1, 2013 at 4:28 pm |
bulldog95
Breaking News Alert:
Teachers, unions, and seniority are also to blame.
March 1, 2013 at 10:46 am | Report comment
Uncle Fester
That is not breaking news. We all have known that for years.
You neo-libs want to convict Blankenship in your Monkey Court of public opinion. Give him his day in a real court room if necessary. And if he is found guilty, then the court can decide his fate. Not you political grandstanding liberals.
You neo-libs are much like the Taliban. On no evidence you want to march a guy out of his house and execute him.
I am no fan of Don Blankenship, but I am also no fan of the liberal hypocracy.
March 1, 2013 at 11:28 am | Report comment
Hop'sHip
OK. Which of you liberals called for the execution of Don Blankenship and upset Uncle Fester's sense of propriety? I know one of you did because Fungo would never level such an accusation without reason. Now come on. I insist that you apologize. We must all follow Fungo's example and be measured and reserved in our comments!
March 1, 2013 at 12:22 pm | Report comment
bulldog95
I know right?
His comment was in a reply to my comment about teachers being to blame. It was the maid, in the kitchen, with the candlestick holder.
March 1, 2013 at 12:31 pm | Report comment
Hop'sHip
bulldog: I would have never suspected you. So you are one of those Obama-loving liberals that the Uncle is calling out. No one is safe now. Could the Shadow be next?
March 1, 2013 at 1:23 pm |
Shadow
If I could ever make sense out of hopship, I would reply to him. I have not made a comment on Blankenship but he deserves his day in court rather than being convicted by the non-involved. If he is accused of wanting production, he will be convicted. However, only a fool would say, "damn the safety, full ahead with production."
March 1, 2013 at 2:13 pm |
hillboy
"I am also no fan of the liberal hypocracy."
But, hypocracy of any other type is OK with you, I take it?
By the way, how do you define hypocracy? Do you mean hypocrisy? Or is hypocracy something totally different?
March 1, 2013 at 1:30 pm | Report comment
CaptainQ
Careful there, Bulldog95, Wvu999 might get upset with you stealing his 'line' like that! LOL
March 1, 2013 at 11:42 am | Report comment
mntnman
Justice has prevailed -- hopefully all those who created the atmosphere causing the disaster will be held accountable. We shall see.
March 1, 2013 at 12:08 pm | Report comment
BackpackerMan
Did anyone taking up for Don Blankenship remember that before the Aracoma mine fire, that there was a letter/e-mail form him to the Aracoma Management saying that coal production came before rockdusting and building stoppings?????
March 1, 2013 at 3:25 pm | Report comment
Uncle Fester
thanks hillboy, I stand corrected. I was taught spelling in WV schools by WV teachers that were big WVEA union activists. My apologies.
March 1, 2013 at 4:17 pm | Report comment
wvman75
I want to see Blankenship punished if he is guilty, but I don't want to see anyone railroaded by the government either. Politics come into play and that can subvert the course of justice. They need cold, hard evidence and not heresay or speculation.
March 1, 2013 at 8:27 pm | Report comment