Lead defense lawyer Bill Taylor asked the former Performance Coal Company president about a series of memos aimed at showing that Massey Energy was concerned about safety prior to facing tougher federal enforcement in late 2007 and early 2008.
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Blanchard’s cross examination began Thursday.
Blanchard spent all day Monday – the 13th day of testimony in the trial – on the witness stand, after beginning his appearance on Thursday afternoon and continuing to answer questions from Assistant U.S. Attorney Steve Ruby and then Taylor all day on Friday.
Ruby moved quickly to challenge Blanchard’s previous testimony that he operated UBB and other mines in compliance with the law by pointing out the hundreds of safety violations recorded at UBB, under his watch, the year before the explosion that killed 29 coal miners.
Blanchard told defense attorney William Taylor that Blankenship didn’t instruct him to ignore safety laws.
“Yes, sir”, answered Blanchard, before again denying the existence of a plot with Blankenship to violate mine safety laws. Blanchard said that in the USA coal industry, it’s understood that mines will be cited for a few violations.
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. Ruby said the question called for Blanchard to speculate, but Taylor insisted it was “a question of fact”.
U.S. District Judge Irene Berger made the ruling during Don Blankenship’s trial Wednesday morning.
Defense attorneys will continue questioning Blanchard on Tuesday.
He said MSHA officials wanted the belt air reversed, but Blanchard testified the mine was “not set up to reverse belt air”.
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Taylor discussed dozens of federal citations and internal disciplinary actions in which Massey managers showed concern about safety problems. “Certainly, sir”, Blanchard said. “That’s probably true”, Blanchard said.
