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Court Lifts Gag Order In Don Blankenship Criminal Case

Court Lifts Gag Order In Deadly Mine Disaster Case
Reuters
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Massey Energy Company Chief Executive Officer Don Blankenship pauses as he testifies on Capitol Hill in Washington, Thursday, May 20, 2010, before the Senate Health and Human Services subcommittee hearing on mine safety. (AP Photo/Carolyn Kaster)

By Gary Robertson

RICHMOND, Va., March 5 (Reuters) - A federal appeals court lifted a sweeping gag order on Thursday that sealed court documents and barred participants from talking about a West Virginia criminal case stemming from the worst U.S. mine disaster in four decades.

The 4th U.S. Circuit Court of Appeals in Richmond ordered the U.S. District Court in Beckley, West Virginia, to lift the gag order in the case against former Massey Energy Chief Executive Officer Don Blankenship.

He has been charged with violating mine safety laws before an April 2010 explosion that killed 29 miners at the Upper Big Branch Mine in West Virginia. The miners' deaths prompted a national review of mine safety standards.

In its unsigned opinion, the 4th Circuit said it commended the District Court's "sincere and forthright" effort to ensure Blankenship's right to a fair trial, but that the gag order could not be sustained.

News organizations had protested that the gag order was an unconstitutional violation of their First Amendment right to gather news.

U.S. District Judge Irene Berger issued the gag-and-seal the day after Blankenship's indictment in November 2014. Under the order, no one with a connection to the case - including Blankenship, his lawyers, prosecutors, potential witnesses, investigators, victims or their families - has been permitted to speak publicly, and court documents also were sealed.

According to the indictment, Blankenship knew about and could have stopped hundreds of safety law violations occurring each year at Upper Big Branch.

He also is alleged to have conspired to tip off workers about inspections so they could cover up violations.

Blankenship, who led Massey from 2000 to 2010, has pleaded not guilty and is free on a $5 million cash bond.

Blankenship faces a maximum 31 years in prison if convicted on all charges. Massey was bought in 2011 by Alpha Natural Resources Inc for about $7 billion. Alpha was not accused of wrongdoing.

The death toll in the Upper Big Branch blast is the largest since 91 miners were killed in 1972 in a fire at a silver mine in Kellogg, Idaho, according to the U.S. Mine Safety and Health Administration.

(Reporting by Gary Robertson; Editing by Ian Simpson and Eric Beech)

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Before You Go

Major American Mine Disasters
Upper Big Branch(01 of08)
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Twenty-nine miners died in an explosion at the Upper Big Branch mine on April 5, 2010. The mine, located in Montcoal, W.Va., was owned and operated by the Performance Coal Company, a subsidiary of Massey Energy.

The Mine Safety and Health Administration has said that sparks from a worn-out piece of machinery combined with a buildup of coal dust caused the accident. Massey Energy has continued to say that a buildup of methane gas caused the explosion.

At a public meeting detailing the federal investigation, Kevin Stricklin, coal administrator for mine safety and health at MSHA, said that there were two sets of books on mine conditions kept by Massey workers -- an accurate log that included safety problems, and a separate, watered-down version for federal and state inspectors to see.

The Upper Big Branch explosion was the worst U.S. coal mining disaster in 40 years. (credit:Getty)
Crandall Canyon Mine(02 of08)
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On Aug. 6, 2007, six miners were trapped in the Crandall Canyon Mine in Huntington, Utah, after roof-supporting pillars failed and ejected coal over a half-mile area. Ten days later, three more people were killed by a subsequent collapse during the rescue effort.

According to the official accident investigation summary released by the Mine Safety and Health Administration, the catastrophe was the result of "an inadequate mine design." Unsafe pillar dimensions and an poor engineering management review contributed to the collapse.

In the above photo, family and friends carry the the body of Dale Black -- one of the rescue team members -- to his burial site at Huntington City Cemetery. (credit:AP)
Darby Mine No. 1(03 of08)
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On May 20, 2006, five miners were killed in an explosion at Darby Mine No. 1 in Holmes Mill, Kentucky. According to information released by the United States Mine Rescue Association, the explosion was the result of methane gas that was ignited by the cutting of a metal roof strap.

The miner who was working on the roof strap with a cutting torch had a functional methane detector tucked away in his pocket, a sign that it was not being used to check continuously for the potentially lethal gas. The USMRA also says a cutting torch should not have been used at the time. (credit:AP)
Sago(04 of08)
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On Jan. 2, 2006, an explosion at a mine in Sago, W.Va., killed 12 workers and severely injured one. The 13 miners were forced to barricade themselves within the mine after the explosion -- caused by elevated levels of carbon monoxide and methane -- destroyed 10 seals used to separate a closed area of the mine.

Ben Hatfield, CEO of the International Coal Group, which owned the Wolf Run Mining Company that ran the Sago Mine, received criticism when the families of the fallen miners were falsely informed that the 12 men had lived. In an interview with NPR, workers and family members who were present when Hatfield broke news of the deaths described the scene as "chaos." (credit:Getty)
Scotia(05 of08)
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In March 1976, a succession of explosions at the Scotia Mine in Oven Fork, Ky., claimed a total of 26 lives.

The first blast happened on March 9, killing 15 men. During rescue efforts on March 11, a second explosion killed 11 more.

Investigators concluded that both explosions were caused by the ignition of a methane-air mixture inside the mine. (credit:Brian Horton, AP)
Consol No. 9(06 of08)
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An explosion at the Consol No. 9 mine in Farmington, W.Va, killed 78 people on Nov. 20, 1968. The explosion was followed by raging fires that brought rescue operations to a halt.

A memo from a federal investigator that surfaced in 2008 revealed that a safety alarm on a ventilation fan had been deliberately disabled before the explosion. The alarm, which hadn't been working for as long as 90 minutes before the blast, could have saved the lives of the 78 miners.

The tragedy at Farmington led to the passage of the federal Coal Mine Health and Safety Act in 1969. That act paved the way for the Federal Mine Safety and Health Act of 1977, the legislation that currently governs the Mine Safety and Health Administration's activities. (credit:AP)
Cherry Mine(07 of08)
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On Nov. 13, 1909, a fire killed hundreds of workers in a coal mine in Cherry Hill, Illinois.

According to reports from the United States Mine Rescue Association, kerosene torches were used that day after the mine's electrical system broke down. Hay brought into the mine to feed mules that worked underground caught fire after being parked under one of the torches.

The fire quickly spread, causing the deaths of 259 men and boys who worked in the mine. (credit:AP)
Monongah Nos. 6 And 8(08 of08)
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On Dec. 6, 1907, explosions occurred at a pair of nearby mines in Monongah, West Virginia, killing 362 men and boys. The blast could be felt as far as eight miles away.

It wrecked the mine's ventilation system, allowing toxic gas to fill the area and hinder rescue efforts. Though investigators aren't certain of the cause of the explosion, it was probably started by the ignition of firedamp -- combustible gas made up mostly of methane -- and coal dust within the mine. (credit:AP)
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