http://blogs.wvgazette.com/coaltattoo/2010/10/28/massey-safety-chief-5-others-refuse-to-testify-in-probe-of-upper-big-branch-mine-disaster/Massey Energy continues to promote the notion that the company wants a thorough, complete and open investigation of the April 5 explosion that killed 29 miners at the company’s Upper Big Branch Mine in Raleigh County.
But we’ve confirmed through a public records request that Massey’s top safety officer — Vice President of Safety Elizabeth Chamberlin (above photo) — and five other management personnel have informed the state they were invoking their 5th Amendment rights to not answer any questions about the disaster.
I’m posting here a copy of a document that Managing Deputy Attorney General Tom Smith titled “Supplement to Case Resolution Statement,” which includes 5th amendment “assertion letters” from Chamberlin and from Massey officials Rick Foster, Rick Nicolau, Gary May, Jamie Ferguson and Wayne Persinger.
Readers may recall that these were the six Massey employees who filed suit in Raleigh Circuit Court last month to try to block subpoenas issued to them by the West Virginia Office of Miners Health, Safety and Training. The Manchin administration settled that litigation by agreeing to allow these six officials to invoke their 5th Amendment rights by letter, rather than showing up and doing so in person on the record — a situation that could have forced them to repeatedly cite their rights in refusing to answer multiple questions from government investigators.
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