Former coal executive, Don Blankenship, faces up to a year in prison and a fine of $250,000. This was after the the former CEO was involved in a conspiracy to violate mine safety standards leading up to the deadly West Virginia mine disaster.
According to ABC NEWS, ex-coal CEO Don Blankenship's defense attorneys said in the court filings that he could actually be in and out of prison by the time he gets an appellate decision. If he will be detained immediately, "the court of appeals likely won't even have decided the case until after he's served his sentence, and so the appeal really becomes largely academic," stated Barry Pollack, who is a white-collar defense attorney for Miller & Chevalier.
However, the prosecutors did not prosecute Blankenship with the explosion that damaged the southern West Virginia coal mine in 2010, which killed 29 people. They claimed that the ex-coal CEO was a wealthy, intimidating boss who was intricately involved in rulings at the violation-plagued Upper Big Branch, and prioritized profits over important safety measures.
A jury convicted Blankenship of the conspiracy on December 3. But the jury cleared him of felonies that could have stretched his sentence up to 30 years.
Yahoo! News claimed that the former executive's lawyers want him to be out of jail on his $1 million bond until the appeal is settled. The attorneys said that he meets the legal requirements since he is not a flight risk or a danger to the community.
His lawyers can also raise enough questions about the lower court's decision that an appeals court will likely modify it. But prosecutors claimed that Blankenship will not change the decision on the appeal.
Moreover, prosecutors wrote that the judge will not even be allowed to consider that the maximum sentence is only one year. "A year of Defendant's time is no more or less valuable than a year in the life of a drug defendant sentenced to 20 years," prosecutors wrote.
CNBC claimed that despite the law ultimately caps Blankenship's possible prison time in one year, the sentencing guidelines seek for 15 to 21 months, since the prosecution stated that Blankenship was a leader and an organizer of the conviction offense. He also abused a position of public trust and obstructed the administration of justice.
Blankenships attorneys argued with the prosecution. Mike Hissam, and attorney with Bailey & Glasser and former assistant prosecutor who helped in the probe of Upper Big Branch, expressed that he will not be surprised if the judge cites the sentencing guidelines and gives the ex-CEO the full year.
Meanwhile, Blankenshipp is scheduled to be sentenced on Wednesday. But as important as the length of his sentence, a lot of people are still questioning whether the ex-Massey Energy CEO will remain free while he appeals the court ruling.
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