West Virginia Mine Disaster: It Is Murder.

[Bluebear]

The media tends to do a Steinbeck "Grapes of Wrath" moment every time there is a mine disaster in America. Romanticizing the miner and the risks they take every day. You almost can here the dulcimer playing in the background with a big John Henry voice singing as the reporters go on about the miner's life. There is nothing romantic about their plight. They are men attempting to eke out a living in a country that is in economic trouble.

Let's be clear, the miners go into the mines because it is work in one of the poorest places in America. In an environment of great poverty and great unemployment, their jobs enable them to put the basics on the table for their families. For years, the nation has turned its back on the plight of the miners and the horrific companies that not only control their work environment but the way of life in Appalachia.

The miners who died in the Upper Big Branch mine were killed by the negligent Massey Energy Company executives and for that they should be put on trial for murder.

The company has had over 100 safety violations over the last couple of years, fined $382,000 for such outrageous safety violations and many of them had to do with ventilation! Following the age old practice of the big mining companies, instead of fixing flaws to protect their workers, they appeal and appeal the charges so they don't have to fix them. Miners were knowingly sent into unsafe mines. This is not an uncommon practice in West Virginia. The conditions, alas, have not changed much since the 1910s when Mother Jones, at the age of 90, was canvassing the mines striving to unionize so workers could have a fair shake.

The time has come to bring this to a halt. The way to do it is to charge Chief Executive Officer Don Blankenship and any of his subordinates who knew of these violations with murder. Trust me, the companies would clean up their acts quickly if they faced similar charges. Because that is what Blankenship and the company did to these miners. They deliberately, day after day, put them in harm's way for profit.

They killed their employees, pure and simple. Charge them with murder. - David Mixner

http://www.davidmixner.com/2010/04/west-virginia-mine-disaster-it-is-murder.html#more

[The Wielding Truth]

1. I agree. They willfully ignored mortal safety for profits.

[TomCADem]

2. The Big Cover-Up Is The Media Blackout On Massey's Contributions To Judges - Supreme Court Case!

Here is an interesting story about Massey Coach, which ran the mines that are the site of the coal mine tragedy playing out in the media. While some folks are pointing the fingers at regulators, one obvious angle that is being ignored is how Massey coal bought off judges in West Virginia. This practice was the subject of a case that went to the U.S. Supreme Court, and was the basis for John Grisham's book, The Appeal. Yet, there is not a single story exploring whether Massey's large donations to judges in West Virginia helped give it a competitive advantage, and avoid liability for unsafe working conditions.

Perhaps even more petinent in light of Stevens' retirement, there is no coverage of the fact that Roberts, Scalia, Thomas and Alito all dissented, and believed that a judge who received from millions in donations did not need to recuse himself. This case illustrate the pro-corporate bias of the right wing block of the Supreme Court.

http://en.wikipedia.org/wiki/Caperton_v._A.T._Massey_Coal_Co.

In 1998, Harman Mining Company president Hugh Caperton filed a lawsuit against A.T. Massey Coal Company alleging that Massey fraudulently canceled a coal supply contract with Harman Mining, resulting in its going out of business. In August 2002, a Boone County, West Virginia jury found in favor of Caperton and awarded $50 million in damages.

While the case was awaiting hearing in the West Virginia Supreme Court of Appeals, A.T. Massey's Chief Executive Officer, Don Blankenship, became involved in the election campaign pitting incumbent Supreme Court Justice Warren McGraw against Charleston lawyer Brent Benjamin. Blankenship created a non-profit corporation called "And for the Sake of the Kids" through which he contributed over $3 million dollars in Benjamin's behalf. This amounted to more than the total amount spent by all other Benjamin supporters and Benjamin's own campaign committee, Much of the money went to an advertising campaign aimed at questioning McGraw's impartiality. McGraw further damaged his campaign during a speech at the 2004 United Mine Workers of America's Labor Day rally in Racine, West Virginia in which he alleged that Republican operatives were following him "looking for ugly". The speech, sometimes referred to as the "Scream at Racine" or the "Scream from Racine", was featured in several campaign advertisements run by the West Virginia Republican Party and may have played a large role in McGraw's defeat in November 2004.

In 2007, when the case came before the West Virginia Supreme Court, Caperton petitioned for Justice Benjamin to recuse himself because of Blankenship's contributions during the campaign. Benjamin declined and was ultimately part of the 3 to 2 majority that overturned the $50 million verdict.

Blankenship also petitioned for Justice Larry Starcher's recusal due to a perceived public feud in which Starcher allegedly called Blankenship "stupid" and "a clown," and accused Blankenship of buying a seat on the West Virginia Supreme Court. Starcher also refused to withdraw from the case, prompting a lawsuit from Massey Energy over the West Virginia Supreme Court's recusal procedures. Caperton then asked for and was granted a rehearing of the case.

Around the same time, Justice Spike Maynard recused himself when photos of him vacationing with Blankenship in the French Riviera while the case was pending appeared in the media. Although Maynard was heavily favored to win reelection in 2008, the photos were featured heavily in the campaign and Maynard was defeated in the primary.

* * *
The United States Supreme Court heard oral arguments in March 2009. In June 2009, the Court found for Caperton and Harman Mining, remanding the case back to the West Virginia Supreme Court. Justice Anthony M. Kennedy wrote for the majority, joined by Justices Stevens, Souter, Ginsburg, and Breyer. Chief Justice John G. Roberts wrote the dissent and was joined by Justices Scalia, Thomas, and Alito. Justice Scalia also filed a separate dissenting opinion.

[Bluebear]

7. +1

[Hannah Bell]

8. +1

[sabrina 1]

13. Thank you. I posted that information also, after

seeing it in another online forum. But you are correct, the MSM has ignored the outright, blatant corruption surrounding the mining industry in WV.

When the case went back to WV, the WV court ruled in favor of Massey. Massey was also accused, and their were photos to prove it, of having personal contact with another judge.

Caperton won the original case, and was awarded 50 million dollars. But after three appeals, with the paid for judge ruling against him in one of the appeals, Massey won every appeal.

The last one, I believe in November last year, took the out of claiming that the case should not have been heard in WV since Caperton's mining company was in Virginia. That didn't make sense after over ten years of appeals in WV.

After this tragedy, Caperton asked for a review of the case, but was turned down. Maybe some pressure needs to be applied to re-open that case and look more closely, now with the nation's eyes on it, the role played by the two judges befriended by Massey.

I give credit to Caperton who has fought for a long time against the system in WV, but ultimately lost.

I agree that what happened to those miners was murder, or at least criminally negligent homicide and someone should be held accountable. However, my bet is that they will not be.

Who is going to do it? The DOJ? They won't even go after war criminals. Money is everything, no matter how you get it, if you have it, you are safe in this country from any kind of accountability.

[BrklynLiberal]

3. Criminally negligent homicide.

[Greyhound]

6. In light of the pattern of refusal to obey ordered improvements, I think intent could be proved. n/t

[Zoeisright]

4. I want that Blankenshit (sic) to be sealed into a mine.

That should be that fucker's fate.

[bleever]

5. K&R.

It's simple.

[Withywindle]

9. Agreed. These deaths did NOT need to happen.

90 years ago, WV miners LITERALLY went to war for the right to organize. Yet almost all of those very basic human rights protections they fought for have been whittled away.

Why? Because of the Reagan-and-after time travel back to the robber-baron era, superficially. But also to blame are everyone who doesn't take a moment to think about where their heat and electricity come from (I'm guilty of this sometimes) and who labors with their back to make it happen. And to all those in power who've resisted throwing the full powers of American funding and science and engineering into wind and solar power, which should be completely possible to harvest without murdering either the workers or the land.

[treestar]

10. Just like people who say abortion is murder, you dilute the concept

Involuntary manslaughter at most, but perhaps simple negligence.

Why do you find this exaggeration necessary? They can be brought to justice without everything having to be in stark black and white terms.

Negligence, involuntary manslaughter, voluntary manslaughter, abortion - these concepts define non black and white areas and were defined for a reason.

[JDPriestly]

20. Google involuntary manslaughter and depraved heart murder

West Virginia law and see which, if either, might apply. I'm not sure that either of them applies. I don't know anything about West Virginia's law.

[newtothegame]

11. Drunk driving and kill someone= not murder, maybe not even manslaughter.

And cops that do drunk driving stings are evil, orwellian dictators.

Mine cave-in=murder?

:shrug:

[jgraz]

12. Suspected Drunk Driver Charged with Murder

http://abclocal.go.com/kabc/story?section=news/local&id=5828964

Really, just a little research is all we ask... :eyes:

[Bluebear]

18. "The original drunk driving charges have been upgraded to murder..."

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=389&topic_id=8088371

:shrug:

[bobbolink]

14. silly dupe... please read the other post... from the people themselves.

[bobbolink]

15. They are us.

“Peter and Anna Jane - the tragic mine accident in the Coal River area is just overwhelming in grief and pain. At this point the environmental groups are pulling along with everyone else in relief efforts such as feeding rescue workers, etc. Both of you have met some of the coalfield activists in the Coal River Valley, all of whom know families of the dead miners. This is hard for everyone. Please pray for this community.”

In an email from our friends at the Coal River Mountain Watch, a grassroots advocacy group located three miles from the mine site, they write:
“As yesterday's tragedy makes all too clear, coal mining is dangerous work. Its impacts shape every aspect of modern life; from the energy infrastructure that powers our homes, work, and gadgets, to the exploitation of miners and coalfield communities. The men and women who go underground deserve our respect and solidarity. At Coal River Mountain Watch, we are devoting growing energy to diversifying the local economy so that men and women no longer need to risk their lives for their livelihoods.

Our friends at the Whitesville restaurant and craft shop, Nuttin' Fancy, are at work cooking food to serve rescue workers and family members. Please make a donation to support their volunteer efforts – make checks payable to Nuttin' Fancy and mail them to P.O. Box 452 Whitesville, WV 25209.”

Restoring Eden

[Highway61]

16. 29 Counts

of murder. End of story.

[emsimon33]

17. Since companies now have the rights of citizens in the U.S,

Charge them with murder and if convicted, put them to death!

[JDPriestly]

19. Depraved heart murder?

2. Currently in West Virginia, there is neither statute language, nor a proposed jury instruction on “depraved heart murder.” However, because of the broad language in W. Va. Code § 61-2-1, defining first and second degree murder, depraved heart murder prosecutions may, in limited circumstances, be warranted.

While the intent to kill is an essential element of first and second degree murder, a defendant can be found guilty of second degree unintentional murder based on an inferred intent where the defendant has acted with grossly reckless disregard for human life and has done so with extreme indifference for life and safety of others.

3. The crucial distinction between involuntary manslaughter and second degree murder turns on the degree of indifference and the extremity of the risk of death which may be seen in, or deferred from the defendant's acts. To find the defendant acted grossly reckless, with the kind of extreme indifference to constitute second degree murder, the defendant’s acts must be something akin to an individual intentionally shooting a gun into a crowd of people, State v. Douglass, 28 W. Va. 297, 300 (1886), or thows a dangerous object, such as a large piece of wood, concrete, or metal, off a roof into a crowded street below. See State v. Saunders, 150 S.E. 519, 520 (W. Va. 1929). Other analogous examples would include driving a car at a high rate of speed, in inclement weather, while highly intoxicated. See Davis v. State, 593 So. 2d 145 (Ala. Crim. App. 1991). Still other examples would be playing “Russian Roulette,” by loading a gun and intentionally firing it at another person, People v. Roe, 542 N.E.2d 610 (N.Y. 1989).

This is only part of the quote. This only tells part of the story.

http://myweb.wvnet.edu/~jelkins/adcrimlaw/depraved_heart_murder.html

[KT2000]

21. Murder one sounds right

If a business plan includes inflating risk to workers by stalling, appealing and otherwise ignoring the fines and improvements, Massey has accepted the risk.
That Blankenship defines the regulations as nonsensical is his problem. He made the decision to disregard the risk to workers for his own gain. This to me sounds willful. He cannot after the fact claim his decisions have no effect and this was somehow not his responsibility.

[diane in sf]

22. More murder for money--corporate style.

[JerseygirlCT]

23. Completely agree

and until the execs of these companies are held personally and criminally liable - until they know that their murderous negligence may result in them going to jail (not paying puny fines), nothing will change.

[csziggy]

24. Could Massey Energy have Dead Peasant Insurance on their miners?

If so, they are in for a big windfall with 29 deaths. And if that is true, they have absolutely no incentive to fix safety violations. I'd very much like to know if they had this insurance.

[earcandle]

26. then that is fraud with the intent to kill for profit.

[csziggy]

27. That is why this came to my mind when I heard about the ventilation fans

Blowing the wrong way. I mean, that is a very basic thing to check to make sure it is correct - how could that have gotten past whoever installed them? Unless it was done on purpose.

I have a bad feeling about this.

[earcandle]

25. They had the ventilation going the wrong way! They should be tried for neglient

manslaughter if not murder. 

And they should be shut down. 

IMNSHO

[Petrushka]

28. Do you have a link? I can't find anything saying the ventilation was going the wrong way. Thanks!

K & R


:hi:

[Petrushka]

29. Never mind! I found a link. Here it is for anyone else searching --->

http://www.msnbc.msn.com/id/36227356/ns/us_news-life/