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US v Blankenship Exhibits Published

The Court in United States v. Blankenship, 5:14-cr-00244 (S.D.W.V.), ordered the parties to provide to the public documentary exhibits each party admits and publishes to the jury during the trial. The following are exhibits that have been admitted and published to date by the United States. Please note that not all exhibits numbered will be used, admitted and published. Therefore, there may be gaps in exhibit numbers. Physical exhibits (e.g. models and examples of items used in mines) are listed below but are not able to be published.

 

Exhibit 1, Coal Seam Diagram
Exhibit 2, Continuous Miner (Physical Item)
Exhibit 3, Movie of Continuous Miner Operating
Exhibit 4, Five Entry Section Diagram
Exhibit 5, Movie of Conveyer Belt
Exhibit 8, Longwall Animation
Exhibit 9, Longwall Shearer Model (Physical Item)
Exhibit 10, Longwall Shearer Image
Exhibit 11, 30 C.F.R. § 75.325 – Air Quality
Exhibit 12, Image Outside Fan and Fan House
Exhibit 13, Image of Mine Fan
Exhibit 14, Ventilation Animation
Exhibit 15, Stopping Diagram
Exhibit 16, Stopping Image
Exhibit 18, Mine Curtain (Physical Item)
Exhibit 19, Ventilation With Stopping Removed Animation
Exhibit 21, Ventilation With Check Curtain Removed Animation
Exhibit 23, 30 C.F.R. § 75.402 – Rock dusting
Exhibit 24, Pod Duster Image
Exhibit 25, Coal Accumulated on Belt Image
Exhibit 26, 30 C.F.R. § 75.400 – Accumulation of Combustible Material
Exhibit 27, 30 C.F.R. § 75.202 – Protection from Fall of Roof, Face and Ribs
Exhibit 28, Roof Bolt (Physical Item)
Exhibit 29, Roof Bolt Plate (Physical Item)
Exhibit 30, Multi-gas detector (Physical Item)
Exhibit 31, Roof Bolting Video
Exhibit 32, Roof Jacks Image
Exhibit 33, Wooden Crib Image
Exhibit 34, Full Mine Diagram
Exhibit 35, Overcast Drawing
Exhibit 38, Dust Pump (Physical Item)
Exhibit 40, UBB Map (Physical Item)
Exhibit 42a, Excerpt from Daily Violations Reports
Exhibit 42b, Excerpt from Daily Violations Reports
Exhibit 42c, Excerpt from Daily Violations Reports
Exhibit 42d, Excerpt from Daily Violations Reports
Exhibit 42f, Excerpt from Daily Violations Reports
Exhibit 42o, Excerpt from Daily Violations Reports
Exhibit 42g, Excerpt from Daily Violations Reports
Exhibit 42k, Excerpt from Daily Violations Reports
Exhibit 42r, Excerpt from Daily Violations Reports
Exhibit 42s, Excerpt from Daily Violations Reports
Exhibit 42t, Excerpt from Daily Violations Reports
Exhibit 42u, Excerpt from Daily Violations Reports
Exhibit 42v, Excerpt from Daily Violations Reports
Exhibit 42w, Excerpt from Daily Violations Reports
Exhibit 42x, Excerpt from Daily Violations Reports
Exhibit 43, Scoop Image
Exhibit 57 , Upper Big Branch Citations and Orders
Exhibit 58, UBB Citations Contested, Modified, Vacated, Unchanged
Exhibit 59, Massey & UBB Total 2009 Citations and Orders
Exhibit 60, UBB vs. All Underground Mines
Exhibit 61, Unwarrantable Failure Orders
Exhibit 62, All Underground Mines — › 5 million tons, ‹ 10 million tons
Exhibit 63, UBB v. Harris — Citations & Orders Issued
Exhibit 64, UBB v. Harris — Unwarrantable Failure Orders Issued
Exhibit 65, Citation/Order
Exhibit 66, Citation/Order
Exhibit 67, Citation/Order
Exhibit 68, Citation/Order
Exhibit 69, Citation/Order
Exhibit 70, Citation/Order
Exhibit 71, Citation/Order
Exhibit 72, Citation/Order
Exhibit 73, Citation/Order
Exhibit 74, Citation/Order
Exhibit 75, Citation/Order
Exhibit 76, Citation/Order
Exhibit 77, Citation/Order
Exhibit 78, Citation/Order
Exhibit 79, Oct 19, 2005 “Running Coal” Memo
Exhibit 79a, “Membership” Memo  
Exhibit 80, “Labor Cost” Memo
Exhibit 81, October 7, 2009 Email
Exhibit 82  January 20, 2009 Email
Exhibit 83, 6/18/2009 Email EC to SD re Industry Compare (pg 1)
Exhibit 84,  February 2, 2009 Email
Exhibit 85,  February 27, 2009 Email
Exhibit 86,  March 31, 2009 Email 
Exhibit 87, May 1, 2009 Email
Exhibit 88, June 1, 2009 Email
Exhibit 89, July 1, 2009 Email
Exhibit 90, August 3, 2009 Email
Exhibit 91, Sept 1, 2009 Email
Exhibit 92, Sept 30, 2009 Email
Exhibit 93, Nov 2, 2009 Email
Exhibit 94, Dec 1, 2009 Email
Exhibit 95, Dec 31, 2009 Email
Exhibit 96, June 25, 2009 Email with June 17th Meeting Report
Exhibit 97, July 6, 2009 Email with Ross Recommendations
Exhibit 98, Evidence Log
Exhibit 99, 4/6/10 email calling meeting of PR committee
Exhibit 100, 4/9/10 email forwarding Gillenwater memo and press release (pg 1 and 3)
Exhibit 101, 4/9/10 email from Hanretty to DB re PR
Exhibit 102, 4/9/10 email from DB to Hanretty re PR
Exhibit 103, May 18, 2009 EC presentation to SEPPC (pg 1)
Exhibit 104, August 17, 2009 EC presentation to SEPPC (pg 1)
Exhibit 106, November 9, 2009 EC presentation to SEPPC (pg 1)
Exhibit 107, February 15, 2010 presentation to SEPPC
Exhibit 108, February 15, 2010 Board Book, Feb 16 Tolbert Presentation to board
Exhibit 109, November 13, 2009 Audio Excerpt 0166
Exhibit 110, November 13, 2009 Audio Excerpt 0162A
Exhibit 111, February 26, 2009 Audio Excerpt 0562
Exhibit 113, November 18, 2009 Audio Excerpt 0597
Exhibit 114, November 18, 2009 Audio Excerpt 0601
Exhibit 115, January 4, 2010 Audio Excerpt 0347B
Exhibit 116, November 20, 2009 Audio Excerpt 0606B
Exhibit 117, November 13, 2009 Audio Excerpt 0734A
Exhibit 120, November 17, 2009 Audio Excerpt 0736
Exhibit 121, September 8, 2009 Audio Excerpt 1110
Exhibit 122, June 29, 2009 Audio Excerpt 1304
Exhibit 123, June 29, 2009 Audio Excerpt 1305
Exhibit 124, July 17, 2009 Audio Excerpt 1329
Exhibit 125.1, July 24, 2009 Audio Excerpt 1330
Exhibit 125.2, July 24, 2009 Audio Excerpt 1330
Exhibit 126, February 21, 2009 Audio Excerpt 1547
Exhibit 127, April 1, 2009 Audio Excerpt 1596B
Exhibit 128, April 9, 2009 Audio Excerpt 1577
Exhibit 129, November 13, 2009 Audio Excerpt 735B
Exhibit 131, Image of Guard Shack
Exhibit 132, Image of Computer on Office Desk
Exhibit 133, Image of Office Desk With Phone
Exhibit 134, Image of Desk with Map and Model 112 Gen II Page Boss Phone
Exhibit 144, Massey Energy Company FY10 Plan Budget Assumptions
Exhibit 145, 3/19/2008 Note from DB to EC - Re: Beating POV’s Fear UBB Would Not Make It
Exhibit 147, Noncompete Agreement
Exhibit 148 Part 1, November 6, 2009 Audio Excerpt 0589
Exhibit 148 Part 2, November 6, 2009 Audio Excerpt 0589
Exhibit 149, April 2, 2009 Audio Excerpt 1535A
Exhibit 150, January 23, 2009 Audio Clip 1260A
Exhibit 152, Massey Energy Revenue Summary by Group FY09 Actual v FY09 Plan
Exhibit 153, September 14, 2009 Memo from DB to Adkins
Exhibit 154, 9/30/2009 Memo re: UBB Longwall Late Startup
Exhibit 155, 5/15/2008 Memo re: Hiring Additional Drivers
Exhibit 156, 10/7/2009 Conractor Request Form
Exhibit 157, 4/10/2008 Page of a Production Report
Exhibit 158, 4/11/2008 Page of a Production Report
Exhibit 159, 1/5/2009 Lost Footage Report
Exhibit 160, 2/11/2008 Memo From Blankenship to Blanchard
Exhibit 161, 4/29/2008 Daily Report
Exhibit 162, 2/8/2008 Mid-Day Report
Exhibit 163, 4/28/2008 Coal Seam Measurement Report
Exhibit 164, 3/7/2008 Email Blankenship to Blanchard
Exhibit 165, 3/10/2008 Email
Exhibit 166, Page From P&L March 2008
Exhibit 167, 2/25/2009 Memo
Exhibit 168, 3/19/2009 Memo
Exhibit 169, 3/10/2009 UBB Recovery Report
Exhibit 170, 3/13/2009 Memo
Exhibit 171, 8/5/2008 Memo
Exhibit 172, (Hazard Elimination Program Report Card
Exhibit 173, 4/16/2008 Capital Variance Request Form
Exhibit 174, 8/11/2008 Email 2009 Business Plan Timetable
Exhibit 175, 4/30/2009 2010 Business Plan Timetable
Exhibit 176, March 25, 2010 Memo re: Staffing Reductions
Exhibit 177, 3/26/2010 Email re: Staffing Cuts
Exhibit 179, Hughart Plea Agreement
Exhibit 180, Memo, re: Tons Per Man Hour
Exhibit 181, Green Valley Production Report
Exhibit 183, Another Reminder
Exhibit 184, Memo re: Man Hours
Exhibit 185, Memo re: Grassy Creek
Exhibit 187, 04/11/2008 Memo CA to Massey Members re Hiring Bill Ross
Exhibit 188, 6/25/09 Email with Report of MSHA Violations attached
Exhibit 189, 7/1/09 Email Chain
Exhibit 191, 2/1/10 Email re: Hazard Elimination
Exhibit 195, JP to BP attach final statement (Poma 4/8/10 email attaching Massey Stmnt to Shareholders regarding UBB explosion)
Exhibit 197, SEC 2010-04-08 8-K
Exhibit 199, Massey Daily Stock Price and Volume (April - May 2010)
Exhibit 200, Price Reaction on April 6-7 due to April 5 Explosion
Exhibit 201, Price Reaction on April 9
Exhibit 202, Price Reaction from April 10 to April 29
Exhibit 203, Price Reaction on April 30
Exhibit 204, Loss in Value of Massey on April 30 in Millions of Dollars 
Exhibit 205, Massey's Stock Price Decline on April 30, 2010 (t-stat= - 4.46)
Exhibit 206, Price Reaction on Monday, May 17 from May 14 News
Exhibit 207, Loss in Value of Massey on May 17 in Millions of Dollars
Exhibit 209, 10/12/2009 Email from Greg Clay
Exhibit 210, 4/9/2010 RH to DB - Attach Final Version of Shareholder Statement
Exhibit 211, 4/9/2010 JG Email Safety Statement
Exhibit 212, 12/31/09 Daily Violation Report
Exhibit 213, 9/1/09 Daily Violation Report
Exhibit 214, 4/2/10 Daily Violation Report
Exhibit 216, Image of Pod Duster
Exhibit 218, Methane and Dust Control
Exhibit 219, Bits in New Condition (Physical Item)
Exhibit 220, Bits in Worn Condition (Physical Item)
Exhibit 222, Water Spray Valve (Physical Item)
Exhibit 223, Image Reflecting Area Where Water Spray was Located
Exhibit 224, Email from Josh Owens
Exhibit 225, Belt Conveyor Exams North Belts 3-1-2010 to 3-16-2010
Exhibit 226, Belt Conveyor Exams North Belts 3-16-2010 to 4-1-2010
Exhibit 227, Belt Conveyor Exams North Belts 4-1-2010 to 4-5-2010
Exhibit 230, Hazard Elimination Program Report Card
Exhibit 244, 5/9/2008 10-Q SEC
Exhibit 246, SEC 8/4/08 10-Q *
Exhibit 248, SEC 11/7/08 10-Q
Exhibit 250, SEC 5/8/09 10-Q
Exhibit 254, SEC 10/28/09 10-Q
Exhibit 256, SEC 4/30/10 10-Q *
Exhibit 260, SEC 2009-03-02 10K-A
Exhibit 262, SEC 2010-03-01 10k-A
Exhibit 264, 4/7/10 email from Hendriksen to Poma attaching Smnt to Shareholders re: UBB Explosion
Exhibit 265, 4/7/10 email from Poma to DB and Phillips re: UBB Explosion
Exhibit 266, 4/7/10 email from Hendriksen to Harvey and Gillenwater attached Stmnt to Shareholders re: UBB Explosion
Exhibit 267, 4/7/10 email from Carter to Harvey, Pome and Grinnan attaching Massey Stmnt to Shareholders re: UBB Explosion (Version 3)
Exhibit 268, 4/8/10 email from Meyers to Carter, Harvey and Poma attaching Massey REvised Form 8-K re: UBB Explosion
Exhibit 272, SEC 7/27/06 8-K *
Exhibit 273, SEC 10/26/08 8-K
Exhibit 274, SEC 6/19/07 8-K
Exhibit 275, SEC 7/2/09 8-K
Exhibit 276, SEC 7/29/09 8-K
Exhibit 277, SEC 4/19/10 8-K
Exhibit 285, SEC 4/14/09 14A
Exhibit 286, SEC 4/16/10 14A
Exhibit 289, SEC 3/1/10 - 5/31/10 Attestation
Exhibit 290, 7/2/10 SEC-Generataed Letter
Exhibit 305, 11/10/08 Board Meeting Minutes
Exhibit 315, 2/14/10 Compensation Committee Minutes
Exhibit 315A, Certification of Meeting Minutes
Exhibit 316, 2/15/10 Board Meeting Minutes*
Exhibit 320, Certification Unwarrantable Failure Orders
Exhibit 324, 11/30/2007 Daily Duty Log
Exhibit 325, 11/30/2007 Incident Report
Exhibit 328, 7/29/09 Citation #8084966
Exhibit 329, 7/10/09 Citation #6612460
Exhibit 331 - 7/10/09 Citation #6612459
Exhibit 339, 4/30/09 Citation #8082751
Exhibit 344, 7/20/09 Citation #8094522
Exhibit 345, 7/21/09 Citation #8094525
Exhibit 346, 7/21/09 Citation #8094527
Exhibit 347, 8/11/09 Citation #8094560
Exhibit 348, 8/11/09 Citation #8094559
Exhibit 349, 12/30/09 Citation #8080119
Exhibit 350A, 7/9/09 Citation #8086127
Exhibit 351, 6/3/09 Citation #6612447
Exhibit 352 - 7/15/09 Citation #6612471
Exhibit 356, 6/3/09 Citation #8082818
Exhibit 353, 6/3/09 Citation #8082818
Exhibit 354, 4/22/09 Citation #8082739
Exhibit 355, 4/29/09 Citation #8082748
Exhibit 357, 2/16/10 Citation #8087729
Exhibit 358 - 3/15/10 Citation #8087755
Exhibit 359, 4/30/09 Citation #8082756
Exhibit 360, 7/8/09 Citation #8072754
Exhibit 362, 6/18/09 Citation #8090857
Exhibit 363, 6/8/09 Citation #8082830
Exhibit 365, 7/15/09 Citation #6612470
Exhibit 366, 2/18/10 Citation #8087734
Exhibit 367, 8/30/09 Citation #8094580
Exhibit 368, 2/4/10 Citation #8090269
Exhibit 369, 3/11/10 Citation #8090316
Exhibit 370, 3/11/10 Citation #8090313
Exhibit 376, 9/4/09 Citation #8094583
Exhibit 377, 12/1/09 Citation #8080108
Exhibit 378, 7/29/09 Citation #8094540
Exhibit 381, 8/11/09 Citation #8094557
Exhibit 382, 8/13/09 Citation #8094568
Exhibit 383, 8/3/09 Citation #8094548
Exhibit 384, 1/28/10 Citation #8072765
Exhibit 385, 1/15/10 Citation #8072762
Exhibit 386, 3/9/10 Citation #8078837
Exhibit 387, 1/27/10 Citation #8087718
Exhibit 388, 3/15/10 Citation #8087757
Exhibit 390, 3/2/10 Citation #8087748
Exhibit 394, 2/11/10 Citation #8087726
Exhibit 444, Performance Coal Company Letter to Robert Hardman MSHA
Exhibit 445, Certification MSHA Records
Exhibit 446, 1/7/10 Memo to Presidents/Superintendents from Bill Ross
Exhibit 448, Email chain on Hazard Elimination
Exhibit 452, Cleanup of Combutible Materials Chart
Exhibit 453, Violation Reports Sent to Defendant Chart
Exhibit 454, Rock Dusting Chart
Exhibit 455, 6/10/09 Email Chain with attachment for ventilation plan
Exhibit 459, Gazette 4-7-10 Newspaper Article
Exhibit 460, NY Times 4-7-10 Newspaper Article
Exhibit 461, Daily Mail 4-12-10 Newspaper Article
Exhibit 500A, 30 U.S.C 802(e) 
Exhibit A to United States response to Defense motion for modification of bond conditions, audio excerpt 0616


 

 

 

Updated December 16, 2015