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Starcher steps away from Massey case
CHARLESTON -- A second Supreme Court justice has disqualified himself in a highly controversial case involving one of the state's most powerful coal companies, while simultaneously launching an assault on the company's head man.
Justice Larry V. Starcher joined Chief Justice Elliott "Spike" Maynard in bowing out of the re-hearing of a case that, at the circuit level, had awarded a $76 million verdict against Massey Energy. That verdict was initially overturned by a 3-2 margin by the West Virginia Supreme Court of Appeals in November, with Maynard and fellow Justice Brent Benjamin -- who also has been asked to step aside -- voting in favor of the coal giant. Starcher was in the minority.
Starcher released a statement Friday saying he is stepping aside "hoping that Justice Benjamin does the same" in order to restore faith in the state's high court.
In his notice of recusal, Starcher admitted he had "become part of the problem" in the case because of his opinions on Massey Chief Executive Officer Don Blankenship.
But he also attacked Blankenship's meddling, saying his actions "have created a cancer in the affairs of this court."
Blankenship has been a lightning rod of controversy in the case before the Supreme Court.
Pictures surfaced last month showing Blankenship and Maynard vacationing together in Monaco on the French Riviera in 2006, attached to a motion asking Maynard to disqualify himself from the case. The motion came after the Supreme Court reversed the 2002 Boone Circuit verdict, which found Massey stole coal contracts from Hugh M. Caperton, Harman Mining Corp. and others, financially ruining their companies.
On the heels of that motion came another asking Benjamin to step aside, claiming a conflict of interest existed because Blankenship had spent more than $3.5 million in campaign contributions and advertisements to get Benjamin elected in 2004.
Starcher touched on that issue in his recusal, claiming Blankenship boasted of his influence over the court.
"Mr. Blankenship even sported a 'Get Starcher' ballcap announcing me as his 'next target' as he publicly celebrated spending millions to influence elections in our state," Starcher wrote. "I believe Mr. Blankenship's conduct does have an effect on the administration of justice, in that it has become a pernicious and evil influence on the administration."
According to The Associated Press, Blankenship denied ever having worn such a cap, while declining to comment further on Starcher's statement.
Starcher had been requested to disqualify himself from the case at a much earlier time, after he made statements to the media concerning Blankenship's behavior during the election.
"The public rightfully might be of the opinion that all three of the justices, including me, could not be fair to one side or the other in this case, despite our best efforts of whatever we might say."
However, the judge called Massey's request for Starcher to step aside while ignoring Blankenship's connections to Maynard and Benjamin "the height of irony."
Benjamin is now the chief justice in the case, responsible for appointing replacements for Maynard and Starcher.
Benjamin replaced Maynard in the case by appointing Hampshire Circuit Judge Donald H. Cookman.
Late Friday, Benjamin tapped Marion Circuit Judge Fred L. Fox II to replace Starcher, according to a statement from the Supreme Court.
Arguments in the case are scheduled to be heard March 12.