Lawyers Set Up Cases in Blankenship Appeal

Federal prosecutors say the only thing novel about ex-Massey Energy CEO Don Blankenship’s conviction was that it targeted a major company’s CEO, not low-ranking miners. Prosecutors defended Blankenship’s conviction in a 4th U.S. Circuit Court of Appeals filing Monday. Blankenship reported to a California prison May 12 to serve a one-year sentence for conspiring to willfully violate mine safety standards at Upper Big Branch coal mine. Blankenship’s attorneys previously contended that prosecutors had a “novel” theory that criminalized managerial budget decisions. Defense attorneys contended the jury pool was biased, the prosecution was politically motivated, and trial rulings were unfair. Oral arguments will be Oct. 26 in Richmond, Virginia.