Blankenship’s attorney, William Taylor III from Washington, DC firm Zuckerman Spaeder, said in a December 10 letter to West Virginia Office of Miners’ Health, Safety and Training director CA Phillips that his client would not testify December 14 as scheduled.
“Upon our advice, Mr Blankenship will decline to appear on the basis of his constitutional rights, including his privilege under the Fifth Amendment,” the letter said.
Blankenship was issued a subpoena last month and had come to an agreement with the state agency for his interview.
The executive announced earlier this month that he will retire from Massey at the end of this year. Baxter Phillips Jr will succeed him as CEO and Admiral Bobby Inman will replace him as a non-executive chairman.
Massey did not release a public statement Friday on the decision.
Keep reading ILN for the latest in the federal and state investigations into the UBB blast.