Ex-CEO conviction historic, but short of prosecutors' hopes

(AP) — Surrounded by TV cameras outside a federal courthouse, former Massey Energy CEO Don Blankenship stood quietly and let his attorney do the talking Thursday after being convicted of conspiracy, a misdemeanor punishable by up to a year in prison.

Though U.S. Attorney Booth Goodwin asserted that his team may have made history by landing a conviction on a major company's CEO for workplace safety, Blankenship's misdemeanor fell far short of what prosecutors had hoped for.

University of Virginia law professor Brandon Garrett said the verdict shows jurors can hold a corporate chief accountable in a complex case.

Barry Pollack, a white-collar defense attorney for Miller & Chevalier, said the outcome was "clearly a disappointment to the government," given its investment in the case.

Juror Bill Rose, who spent all or part of 10 days mulling over the case with his peers, said jurors were struck by a particular detail in reaching the conspiracy conviction: when Blankenship told a subsidiary president, Christopher Blanchard, to start illegally mining a part of Upper Big Branch that was still filled with water.

Rose said Blankenship's safety directives stirred reasonable doubt about the second and third counts, which charged Blankenship with lying to financial regulators and investors about claims that Massey "strive(s)" to meet safety standards and does not "condone" violations.