Former Massey Energy CEO petitions to overturn conviction again

Former Massey Energy Co. CEO and Chair Don Blankenship petitioned for a writ of certiorari to reverse a decision that allegedly denied him of fundamental right to due process, over a conspiracy case against him related to a mine explosion.

Blankenship's case stemmed from an investigation into the explosion of the Upper Big Branch coal mine that resulted in the deaths of 29 coal miners in 2010. Blankenship was convicted of a misdemeanor charge of conspiring to violate mine safety laws.

The petition claimed that "the government suppressed exculpatory evidence" by allegedly suppressing 61 witness interview reports, of which at least five would be helpful for the defense.

The petition cited the Brady v. Maryland case, where the prosecutor is required to disclose exculpatory evidence for the defense. The 4th U.S. Circuit Court of Appeals had already denied an earlier petition on the Brady claim on the ground that the former CEO should have engaged in "self-help" to find the suppressed evidence.

"[The] petitioner's case presents an ideal vehicle for resolving this important question because the 4th Circuit squarely and exclusively relied on the requirement that a defendant take reasonable steps to locate the suppressed evidence to deny petitioner's claim," according to the petition.

In 2019, a magistrate judge in the U.S. District Court for the Southern District of West Virginia recommended granting Blankenship's motion to vacate, set aside or correct the conviction.

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