JUSTICE BENJAMIN DEFENDS MASSEY DECISIONS - "It Serves Only Politics. It Is Drama. It Is A Diversion"

(07/31/2008)

State Supreme Court Justice Brent Benjamin has issued a 60-page opinion defending his decision to continue hearing cases involving Massey Energy. Massey's CEO Don Blankenship spent about $3 million getting Benjamin elected. Charleston Daily Mail reporter Justin Anderson wrote "In the strongly worded opinion filed Monday, Benjamin called all the legal fuss over his participation in a $50 million appeal by the coal giant 'disturbing' and took issue with what he said was an inference by fellow Justice Joe Albright and another judge that had 'actual and apparent' conflicts of interest in the case." Lawyers for Harman Mining Company have repeatedly asked that Benjamin step aside from hearing the appeal, with Benjamin ruling twice in Massey's favor. "The simple invitation to guess about hidden motivations of judges or colleagues on the bench caused by a selective recounting of facts or by the trafficking of innuendo and half-truths serves only to indulge suspicions and doubts concerning the integrity of elected officials," Benjamin wrote. "It serves only politics. It is drama. It is a diversion." Harman Mining is now asking the U.S. Supreme Court to rule that Benjamin should have stepped down. The WV Supreme Court has been under the microscope for Justice Spike Maynard's "hanging-out" with Massey's CEO Blankenship, including photos of the men in the French Riveria while the court was considering several big money cases affecting Massey. Voters did not return Maynard to the High Court.

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