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U.S. NEWS Thursday 16 January 2020

Judge refuses to toss ex-coal CEO Blankenship's conviction

By JOHN RABY duct "resulted in no preju- has been presented to un-
Associated Press dice" toward Blankenship. dermine confidence in the
CHARLESTON, W.Va. (AP) At issue were dozens of jury's verdict." Former U.S.
— A federal judge in West witness statements, along Attorney Booth Goodwin,
Virginia on Wednesday with emails and disciplinary whose office handled Blan-
refused to toss the misde- records from the U.S. Mine kenship's prosecution, said
meanor conviction of for- Safety and Health Admin- in a statement that Berger's
mer coal CEO Don Blan- istration, that Blankenship decision "was incredibly
kenship for conspiring to said were not disclosed to thorough, well-reasoned
violate mine safety laws. him and his attorneys. Blan- and reached the correct
U.S. District Judge Irene kenship "has failed to meet result. "It is clear that the
Berger in Beckley rejected his burden to establish that Court was greatly aided by
a recommendation from a a reasonable probability the fact that she was the
federal magistrate judge. exists that the outcome of presiding judge at trial and
Berger ruled that despite the trial might have been as such, she did not need
the prosecution's failure to different had the sup- to rely simply on the cold
disclose numerous docu- pressed evidence been dis- record and representa- In this Aug. 29, 2018, file photo, Don Blankenship listens to
ments to the defense dur- closed prior to trial," Berger tions of the defendant, but arguments in the West Virginia Supreme Court n Charleston,
ing the discovery phase of wrote. "Specifically, after could also rely on what she W.Va.
Blankenship's trial, the con- thorough review, nothing directly observed." q Associated Press