Prosecutors again question key witness in ex-coal CEO’s case

As defense attorneys continued their fourth day of cross examining a government witness, a federal judge has once again ruled to exclude defense presented evidence from the trial of former Massey CEO Don Blankenship.

Blankenship’s lead attorney, Bill Taylor ad attempted to enter videos of a 2009 Massey safety meeting as evidence in his cross examination of former Performance Coal President and Upper Big Branch mine operator Chris Blanchard. Blanchard has testified since October 22 under an immunity agreement with the government. Blankenship’s attorneys began questioning him October 23, and will resume Thursday.

Blankenship is on trial for charges of conspiring to break mine safety laws at Upper Big Branch Mine and lying to financial regulators and investors about company safety. Blanchard’s subsidiary oversaw the mine.

After initially denying that he prepared for this week’s marathon cross examination from Taylor using information from Taylor and Blankenship’s other attorneys, Blanchard later – under repeated questioning from Ruby – admitted he had reviewed potential questions and documents the defense provided to his own lawyers.

Last week, Blanchard testified to prosecutors that there was an understanding that Massey was going to get written up for a certain number of violations that could have been prevented.

Taylor discussed dozens of federal citations and internal disciplinary actions in which Massey managers showed concern about safety problems.

Adkin’s handwritten notes on the citations often asked: “Who is responsible?” Blanchard said that in the US coal industry, it’s understood that mines will be cited for a few violations.

“They wanted the hazards eliminated and the violations reduced”, Blanchard told jurors, when asked why Adkins and other Massey officials went through this process. Ruby said the question called for Blanchard to speculate, but Taylor insisted it was “a question of fact”.

Taylor and Ruby also clashed several other times Monday when Taylor pushed his questioning of Blanchard into areas that involved major disputes between the defense and prosecution over what types of material could be used as evidence in the case.

In a second handwritten note directed to Blanchard, Blankenship said: “Clearly your UBB super[intendent] and belt people are not members” – Massey’s term for its employees. After another private bench conference with the lawyers, Berger allowed Taylor’s questions on Monday. “Certainly, sir”, Blanchard said.