Blankenship Lawyers: Half Those Surveyed In Venue For Coal CEO's Trial Think He's Guilty

[hatrack]

Lawyers for Don Blankenship say in a new court filing that about half of the people in the community where the former Massey Energy CEO faces criminal charges have already concluded that he is guilty. Blankenship’s lawyers say their finding — which would still leave about half of the residents undecided and potentially available to serve on a jury — shows the need for U.S. District Judge Irene Berger to move the case to another federal court district outside Southern West Virginia.

The new information from Blankenship’s defense team was made public Tuesday as part of a legal brief responding to an appeals court petition filed by The Charleston Gazette and other news organizations to try to force Berger to lift a broad gag order that has sealed most of the court records in the case from public view. Also challenging the court secrecy in the case are The Wall Street Journal, The Associated Press, National Public Radio and the Friends of West Virginia Public Broadcasting. The Reporters Committee for Freedom of the Press and 29 other news media and free speech groups have filed a “friend of the court” brief supporting the challenge to Berger’s gag order.

“This case is of nationwide interest and importance,” the friend of the court brief states. “The American public has a powerful interest in the criminal enforcement of federal safety standards within the mining industry and in allegations of fraud against the United States. And the public’s interest in this case is heightened because the defendant is the former CEO of one of the largest coal producers in the United States, a publicly-traded company, and is a prominent public figure who, among other things, has been active in national politics.”

Blankenship faces a four-count indictment that alleges he conspired to violate mine safety rules, hamper federal safety enforcement and lied to securities regulators and investors. The indictment focuses on events at Massey Energy’s Upper Big Branch Mine, in Raleigh County, where 29 miners died in a massive underground explosion on April 5, 2010.
- See more at: http://www.wvgazette.com/article/20150225/GZ01/150229518#sthash.rneUrLoZ.dpuf

EDIT

http://www.wvgazette.com/article/20150225/GZ01/150229518

[Fred Sanders]

1. Why are "surveys" even admissible evidence in a court of law? Let the judge decide, not gotcha polling.

[merrily]

2. Most likely, the judge is the one who will decide if the survey is admissible.