GRITTY WEST VIRGINIA COAL FIELD TALES - "Never Ending"

(04/05/2008)
In what seems to be an never ending series of problems with how business is conducted in the Mountain State between the coal industry, the victims, the federal and state government and the courts - the WV Coalfields.

The beat goes on this week:

MASSEY WINS AGAIN - The state Supreme Court has relieved Massey Energy Co. of paying at least $76.3 million in a long disputed coal contract in which a lower court said Massey was guilty.

Thursday's 3-2 vote represents the second time the court has voted on the case, with Justice Brent Benjamin tipping the decision in favor of Massey.

The case has gained national interest as photographs showed Chief Justice Elliott "Spike" Maynard and Massey chief Don Blankenship vacationing in Monaco in 2006 while the case was before the high court.

MINGO COUNTY SQUABBLE - Mingo County officials are urging state Supreme Court Justice Elliott "Spike" Maynard to stay on a case that has a county commissioner calling for his recusal.

The officials are appealing the denial of a petition that seeks to remove Commissioner Greg "Hootie" Smith from office, which accuses him of improper conduct.

Smith has asked Maynard to disqualify himself, alleging that Sheriff Lonnie Hannah, one of the officials targeting him, has contributed to the justice's re-election campaign and bought land from him in 2005 for $40,000.

Hannah's lawyers counter that neither he nor his family members have donated to Maynard.

DON ACTS OUT WITH ABC NEWS - ABC News is accusing Massey Energy chief Don Blankenship of threatening to shoot a producer and tearing his shirt collar.

Blankenship has told media he did not have a gun on his person.

The scuffle happened when the newsman made an unannounced attempt to interview Blankenship at his Kentucky office this week.

ABC plans to air video of Blankenship telling the producer he's [quote] "liable to get shot" [unquote.]

ABC says Blankenship did not respond to several calls regarding the network wanting an interview.

ABC says Blankenship also grabbed the camera and broke off a microphone.

Blankenship says the scuffle happened after the producer put a camera too close to his face.

ABC's story is about Blankenship's relationship with state Supreme Court Chief Justice Elliott "Spike" Maynard.

MASSEY USING ABC TUSSLE TO RECUSE STARCHER - Massey Energy believes a recent interview of West Virginia Supreme Court Justice Larry Starcher by ABC News strengthens its case against him.

Massey wants Starcher to recuse himself as it appeals a $240 million dollar judgment won against it by Wheeling-Pittsburgh Steel.

The lower court ruled that Massey failed to fill the terms of a coal contract with the steel company by shifting the coal overseas for higher profits.

Richmond, Virginia-based Massey is also trying to block Starcher from holding an unprecedented public hearing next week in the recusal matter.