Investigators from the FBI and the U.S. attorney's office in Charleston have interviewed employees of the West Virginia Supreme Court about a controversial case involving Massey Energy, court employees confirmed Thursday.
Investigators from the FBI and the U.S. attorney's office in Charleston have interviewed employees of the West Virginia Supreme Court about a controversial case involving Massey Energy, court employees confirmed Thursday.
Federal investigators have also interviewed at least one of the court's five justices, Larry Starcher, according to an employee of the court. The employees who spoke to the Gazette requested anonymity.
The U.S. investigation focuses on the relationship between Chief Justice Elliott "Spike" Maynard and Massey Energy CEO Donald L. Blankenship. The two men were photographed together during July 2006 vacations along the French Riviera and in Monaco.
The federal probe was first reported by The Wall Street Journal Thursday.
At a Thursday meeting between Supreme Court candidates and Gazette editors, Maynard said he had just been informed about the Journal report. "That's all I know about it," he said.
But the chief justice also said he did not believe such an investigation is ongoing. He indicated that he thinks the Journal article is mistaken.
Maynard said he would welcome an independent investigation of the incident, so he could display his receipts from the vacation he spent with a Supreme Court employee, to show that he received nothing from the Massey chief.
Maynard said he has not been approached by federal investigators. "I would be happy to talk to them," he said.
Tracy Chapman, spokeswoman for the Charleston U.S. Attorney's office, said, "We never confirm or deny the existence of any investigation. The [U.S. Department of Justice] policy prohibits us from commenting on the existence of any investigation."
Neither the Charleston nor Pittsburgh offices of the FBI returned calls for comment.
Investigators from the FBI and the U.S. attorney's office in Charleston have interviewed employees of the West Virginia Supreme Court about a controversial case involving Massey Energy, court employees confirmed Thursday.
Federal investigators have also interviewed at least one of the court's five justices, Larry Starcher, according to an employee of the court. The employees who spoke to the Gazette requested anonymity.
The U.S. investigation focuses on the relationship between Chief Justice Elliott "Spike" Maynard and Massey Energy CEO Donald L. Blankenship. The two men were photographed together during July 2006 vacations along the French Riviera and in Monaco.
The federal probe was first reported by The Wall Street Journal Thursday.
At a Thursday meeting between Supreme Court candidates and Gazette editors, Maynard said he had just been informed about the Journal report. "That's all I know about it," he said.
But the chief justice also said he did not believe such an investigation is ongoing. He indicated that he thinks the Journal article is mistaken.
Maynard said he would welcome an independent investigation of the incident, so he could display his receipts from the vacation he spent with a Supreme Court employee, to show that he received nothing from the Massey chief.
Maynard said he has not been approached by federal investigators. "I would be happy to talk to them," he said.
Tracy Chapman, spokeswoman for the Charleston U.S. Attorney's office, said, "We never confirm or deny the existence of any investigation. The [U.S. Department of Justice] policy prohibits us from commenting on the existence of any investigation."
Neither the Charleston nor Pittsburgh offices of the FBI returned calls for comment.
The photos of Maynard and Blankenship were taken while a huge verdict against Massey was pending before the Supreme Court.
In 2002, a Boone County jury ruled that Massey should pay now-bankrupt Harman Mining and its owner, Hugh Caperton, $60 million for essentially putting the company out of business.
Last November, the state Supreme Court voted 3-2, with Maynard voting with the majority, to overturn that verdict and said Massey did not have to pay the damages. With interest those would now be more than $76 million.
After the vacation photos were included in a rehearing filing by lawyers for Harman and Caperton, Maynard recused himself from the case. Without him, justices voted unanimously to rehear the case, which they did Wednesday. A new ruling is expected this spring.
Starcher, who voted in the minority in the original case, also recused himself from the case because of public comments he has made about Blankenship.
Justice Brent Benjamin, acting chief justice in the Massey case, has refused to step down even though Blankenship contributed more than $3 million to help him win a seat on the five-member court in 2004.
Maynard has also recused himself from another Massey-related case. In July 2007, a Brooke County jury ruled Massey must pay $240 million to Wheeling-Pittsburgh Steel for failing to deliver metallurgical coal under a long-term contract. Massey has appealed that case to the state Supreme Court.
Maynard is running for re-election to a 12-year seat on the court. He faces three other Democrats in the May primary election. Starcher's term also is up, and he chose not to run for re-election.
Staff writer Tom Searls contributed to this report. To contact staff writer Paul J. Nyden, use e-mail or call 348-5164.
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