Lawyers offer poll in bid for justice's recusal from Massey case

CHARLESTON, W.Va. (AP) _ Lawyers defending a $76 million judgment won against Massey Energy Co. hope a poll of 753 West Virginians will help convince a state Supreme Court justice to recuse himself from deciding the case.

Justice Brent Benjamin has previously declined requests from Harman Mining Co. and its president to withdraw from Massey's appeal.

Harman and Hugh Caperton argue that Benjamin's impartiality is in question because Massey's chief executive spent $3.5 million to help get him elected in 2004.

Lawyers for Harman and Hugh Caperton renewed their bid Friday by citing the poll they commissioned, which found 67 percent with doubts about Benjamin's impartiality.

Benjamin has not responded to the latest petition. He has previously ruled against Massey in other multimillion-dollar cases.