Judge removes himself from Massey case

[Lone_Star_Dem]

Source: Associated Press

CHARLESTON, W.Va. - The chief justice of the state Supreme Court agreed Friday to remove himself from a pending case involving Massey Energy Co., days after vacation photos surfaced showing him in Monaco with the coal producer's top executive.

Chief Justice Elliott "Spike" Maynard said he was stepping down from the matter "despite the fact that I have no doubt in my own mind and firmly believe I have been and would be fair and impartial in this case."

But in the three-paragraph statement, Maynard said "it has now become an issue of public perception and public confidence in the courts."

Maynard helped form a 3-2 majority in November that overturned a multimillion-dollar judgment against Richmond, Va.-based Massey that another company, Harman Mining, and its president, Hugh Caperton, had won in a contract dispute. Caperton had asked Maynard to step down from the case before the high court reconsiders that ruling. With interest, the damages are worth $76.3 million.

Read more: http://news.yahoo.com/s/ap/20080118/ap_on_bi_ge/justice_photos

[MADem]

1. Brazen fucker...he's recusing himself because he got CAUGHT

This photo which has been entered into evidence as part of a court motion by lawyers seeking to remove West Virginia Supreme Court Chief Justice Elliott 'Spike' Maynard, left, from hearing a case involving Massey Energy Inc., show the justice and Massey CEO Don Blankenship together in Monoco in 2006. A Massey spokesman calls it a coincidence that the two men were vacationing in the area at the same time in July 2006.
(AP Photo/WV Supreme Court documents

[rodeodance]

2. oh yes, he has a grand explanation but......

[FREEWILL56]

3. Boy, that's some coincidence isn't it?

Not. I don't believe too much in coincidences anymore because that is an acceptance as fact based on the faith of its truth while being against all mathematical odds. I have heard some about that wonderful company.:sarcasm: They are also strip mining the hills of West Virginia and causing many wells to be contaminated with mine runoff leaving poor residents there with the burden of proving not only the contamination, but the burden of proof that Massey is the source. Just another wonderful corporation isn't it?
edit to add:
I'm giving this a K&R #1 to bring to light what these corporations are like through another example and the corruption they have put into government operations right through to our judicial system to protect themselves in their criminal activities.

[notadmblnd]

4. if only the paparrazi would follow Judges and politicians around day and night

like they do these Hollywood "stars," maybe they'd think twice about who they associate with. I'm sure he never thought he'd be seen with his associate in a far off place like Monaco let alone have his picture taken. It needs to happen to more of them.

[MADem]

5. Yep, we'd get more gems like these two (favorites of mine, actually)

Jack Abramoff and pals in Scotland for golf...



Wilbur Mills and Fanne "The Argentine Firecracker" Foxe

[Ian David]

7. A coincidence? How does the judge explain the DNA evidence then?

What?

What did I say?

[Hubert Flottz]

6. This story might really grow larger.

Donnie was all about fixing up the WV state Supreme Court to be more Massey friendly, back in election 2004. I hope the story leads to some real goodies on these goons.

[Robbien]

8. This company is a real piece of work

From the Sierra Club

During the investigation the federal government documented over 4,600 cases of pollution being illegally dumped into local waters by Massey and its subsidiaries, which operate dozens of mountaintop removal and other large-scale surface mines in Appalachia.

Massey’s mountaintop removal mines use some of the most environmentally devastating types of mining, flattening the landscape and burying miles of streams. Mountaintop removal mining has already permanently buried more than 1,500 miles of streams and flattened 500,000 acres of mountains in Appalachia.

Destroying a precious natural resource (clean water) to obtain another not so desirable but very profitable resource (coal). Also I wonder what the removal of mountain tops do to the flow of clouds and corresponding climate.

A MSNBC article states that there is another judge on this panel whose impartiality is being challenged. It says the head of Massey Energy spent millions of dollars on an ad campaign that helped to boost that justice into office in 2004.

[davidinalameda]

9. W.Va. Justice Removes Himself From Case

Source: AP

The chief justice of the state Supreme Court agreed Friday to remove himself from a pending case involving Massey Energy Co., days after vacation photos surfaced showing him in Monaco with the coal producer's top executive.
Chief Justice Elliott "Spike" Maynard said he was stepping down from the matter "despite the fact that I have no doubt in my own mind and firmly believe I have been and would be fair and impartial in this case."
But in his statement, Maynard said "it has now become an issue of public perception and public confidence in the courts."
Maynard helped form a 3-2 majority in November that overturned a multimillion-dollar judgment against Richmond, Va.-based Massey that another company, Harman Mining, and its president, Hugh Caperton, had won in a contract dispute. Caperton had asked Maynard to step down from the case before the high court reconsiders that ruling. With interest, the damages are worth $76.3 million.

Read more: http://ap.google.com/article/ALeqM5juSZjdR1i2xIc8nWrDrNyRjHFtSQD8U8DNF80

---

it's amazing what a bit of negative publicity can do

its times like this I wish I was still living in WV so I could vote against this corrupt SOB

[Lasher]

10. I still live here.

Asshole is up for re-election this year, for a 12-year term. He's a Democrat, so I'm hoping he has an opponent in the primary. If not, then I would be looking at voting for a Republican in the general election. And you can be sure any Republican candidate would be just as dirty as Maynard. I've never voted for a Republican in my life. Maybe if it comes to that I'll write someone else in.

It doesn't look like this court case is going to get better. Now Brent Benjamin, as the next in line for chief justice, will select a replacement to fill the vacancy created by Maynard's recusal. You can be sure that Benjamin will pick someone who empathizes with Massey. Don Blankenship spent millions of dollars on a 2004 ad campaign to defeat Benjamin's incumbent Democratic opponent, Warren McGraw.

Justice Robin Davis voted with Maynard and Benjamin to overturn the judgment against Massey. With Blankenship lapdog #1 recused, Blankenship lapdog #2 will pick an interim Blankenship lapdog, ensuring that the 3-2 SC ruling against plaintiff will stand.

Edit: Benjamin has already named Circuit Judge Donald H. Cookman to replace Maynard. I don't know anything about Cookman yet.

http://sundaygazettemail.com/section/News/2008011833