Former coal CEO Don Blankenship’s misdemeanor conviction for conspiring to violate mine safety laws should be tossed out, a federal magistrate judge in West Virginia recommended Monday. U.S. Magistrate Judge Omar Aboulhson wrote that Blankenship’s rights were violated under the Brady rule, which says suppression of evidence favorable to the accused violates due process. Attorneys for Blankenship and the federal government have two weeks to file responses.
