The defense in the trial of ex-Massey Energy CEO Don Blankenship has rested its case without calling a single witness.
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The prosecution rested its case at 10:08 a.m. Monday, on the 25th day of testimony.
The trial caps the government’s five-year effort to hold Blankenship accountable for years of safety violations at the Upper Big Branch mine, located about 30 miles (48 kilometers) south of Charleston, West Virginia. He’s charged with conspiracy and lying to investors about Massey’s compliance with regulations and may face more than 30 years in prison if convicted.
Prosecutors call Blankenship a micromanager who cared more about money than safety.
The final prosecution rested its case Monday.
Blankenship is accused of putting profits ahead of safety.
The Mine Safety and Health Administration (MSHA), said the tragedy was the result of an accumulation of gas ignited by a spark that came off a piece of shearing equipment, which is used to cut through a long section of wall to get at the coal seam.
“Former assistant prosecutor Mike Hissam, who helped investigate the Upper Big Branch mine before becoming a defense attorney, said, “(The defense) obviously think they inflicted body blows on the government’s case during cross-examination, and that there’s more downside from repeating more of the same for the jury during their own case, coupled with the dangers of losing credibility with the jury from the government’s cross of defense witnesses”. Massey Energy was bought in 2011 by Alpha Natural Resources Inc for about $7 billion. The 2010 blast at the mine killed 29 people and was the worst US mine disaster in four decades. He asked jurors to picture themselves working in Upper Big Branch Mine, plagued by safety deficiencies and insufficient staff.
Blanchard previously testified he did not knowingly commit any crimes at Upper Big Branch and was not a pat of a conspiracy with Don Blankenship, although prosecutors argue Blanchard did not know the legal definition of a conspiracy when he testified.
“There was so much evidence presented showing Massey operated unsafe mines during Mr. Blankenship’s tenure that it wouldn’t help their case to have him face an ugly round of questioning over that”, McGinley, who has been following the case, said Monday. He said he did. His immunity agreement is voided if he lies.
And former Massey safety expert William Ross, who gave a tough review of the company’s safety shortcomings, provided a rare emotional testimony.
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He wept while testifying about how thrilled he was that he thought Massey was going to change. He told Blankenship the company couldn’t “afford to have a disaster”.
