Ex-Massey CEO Nears Toss Of Conviction With Brady Finding

Law360 (August 26, 2019, 11:14 PM EDT) -- A West Virginia magistrate judge recommended that a federal court should toss the conviction of former Massey Energy CEO Don Blankenship because prosecutors admitted they withheld evidence that could have helped him fight charges he conspired to violate mine safety laws.

If adopted by the court, the move would set aside a December 2015 jury verdict finding Blankenship, currently a Republican candidate for a U.S. Senate seat in West Virginia, guilty of criminally violating mine safety laws in the wake of the April 5, 2010, explosion at Massey's Upper Big Branch Mine-South, which killed 29 coal miners.

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