In a recent brief to the U.S. Supreme Court, lawyers for Massey Energy say CEO Don Blankenship and West Virginia Supreme Court Justice Brent Benjamin are not friends and "there is no indication that Blankenship and Justice Benjamin even knew one another, before or after the election."

But Blankenship and Benjamin have met.

On March 30, 2006, Blankenship had dinner with Benjamin, former Supreme Court Justice Elliott "Spike" Maynard and Chris Hamilton, vice president of the West Virginia Coal Association, at the Athletic Club Sports Grill at the Embassy Suites Hotel in Charleston.

Also in their brief, Massey lawyers say Blankenship wasn't supporting Benjamin when he spent more than $3 million in the 2004 state Supreme Court election.

Blankenship only wanted to defeat incumbent Justice Warren McGraw, they say.

But on several campaign spending reports, Blankenship stated his purpose was to "support" the candidacy of Brent Benjamin - even though he had the option of saying he "opposed" McGraw instead.

The relationship between Blankenship and Benjamin is part of a U.S. Supreme Court case involving judicial ethics.

Oral arguments are scheduled before the U.S. Supreme Court on March 3.

In its Jan. 28 brief, Massey's lawyers argue Benjamin was not biased when he voted twice, in 3-2 majorities, to overturn a $50 million jury verdict against Massey.

In August 2002, a Boone County jury determined Massey illegally terminated and high-jacked a coal-supply contract from Hugh Caperton and his company, Harman Mining.

That verdict is now worth $82 million, with interest.

Massey's brief to the Supreme Court states:

Andrew L. Frey, a New York lawyer who will argue Massey's case before the Supreme Court next month, told the Sunday Gazette-Mail he did not know about Benjamin's dinner with Blankenship.

"I understood that they had not met. I could be wrong. We didn't put it in believing it to be false.

"I think the point is that they are not friends. They do not have any kind of close relationship. I think that is accurate. If what we said is not precisely the case, we will check that," Frey said.

"It might be germane to this case if they had a close personal relationship. That might have a bearing. The question is whether Justice Benjamin would have any motivation to anything irregular. He has no personal stake in the outcome of the case," Frey said.

Six days after the Embassy Suites dinner, Massey filed a motion asking the state Supreme Court to throw out a March 10 ruling by Boone County Circuit Judge Jay Hoke that raised Massey's post-trial bond for the $50 million verdict.

Eleven days after that dinner, Benjamin and Maynard voted not to require Massey to increase its bond, negating Hoke's ruling in a 2-2 vote. (Justice Larry Starcher did not vote.)

In November 2007, Benjamin joined Maynard to vote in favor of Massey in the 3-2 ruling overturning the Boone County jury verdict.

The case eventually returned to the state Supreme Court, but this time, Maynard stepped down, because nationally publicized photographs showed Maynard and Blankenship having drinks and dinner together on the French Riviera in July 2006.

Benjamin declined to recuse himself, and in April the court affirmed the earlier decision in favor of Massey, 3-2.

One month later, Maynard lost in the Democratic primary.

'Who is Brent Benjamin?'

Massey's lawyers also say that Benjamin should feel no "debt of gratitude" toward Blankenship.

That's because "Blankenship's motivation was to defeat Justice McGraw, with Justice Benjamin being an incidental beneficiary," the appeal states.

Most of the $3 million Blankenship spent during the 2004 Supreme Court campaign paid for television, radio, newspaper and mail ads attacking McGraw.

Nearly $2.5 million of Blankenship's money went to finance an independent 527 group called And for the Sake of the Kids that specialized in running negative television ads.

But the group also sponsored billboards asking "Who is Brent Benjamin?" and some ads encouraged people to vote for Benjamin.

Blankenship also reported spending another $508,041 by himself, not through And for the Sake of the Kids, during the 2004 McGraw-Benjamin race, in filings with the West Virginia secretary of state.

The report allows the contributor to choose whether he was spending money to support or oppose a certain candidate.

In each of six filings reporting his personal expenditures, Blankenship stated his purpose was to support Brent Benjamin - not oppose Warren McGraw.

Under "itemized expenditures", Blankenship states repeatedly money was spent for "communications, distribution-flyers, etc. supporting Benjamin."

No anti-McGraw language can be found in the reports.

Other ties

There are other ties between Blankenship and the campaign to elect Benjamin.

Delegate Troy Andes, R-Putnam, was paid $14,020 for working on Benjamin's campaign, with the final payment made in November 2004.

Shortly after Benjamin won, Andes went to work for Massey Energy as a public relations spokesman, a position he still holds.

Andes won his House of Delegates seat in November 2006 and was re-elected last year.

On Friday, Andes was not in his office at Massey Energy. Andes did not return telephone messages left at Massey's office, his state Capitol office or his home.

When he first ran in 2006, Andes received $5,000 from individuals tied to Massey Energy, including $1,000 each from Don Blankenship, Blankenship's brother George, and consultant Greg Thomas, according to filings with the secretary of state.

During the 2002 campaign, 22 Massey officials and spouses donated $41,750 directly to Benjamin's campaign, according to filings with the secretary of state, including $1,000 from E. Morgan Massey, the company's retired president.

Greg Thomas, an independent public relations specialist, was also at the March 2006 dinner at Embassy Suites.

Thomas incorporated Targeted Communication Strategies on Aug. 6, 2004, according to records at the Secretary of State's Office.

During the campaign against McGraw, Targeted Communication received $381,840 from "And for the Sake of the Kids" and $43,760 from Blankenship directly.

Most of that money went to pay for newspaper and radio ads, as well as direct mailings, urging people to vote against McGraw.

Thomas could not be reached for comment last week.

In 2006, Blankenship spent another $3.6 million of his personal money urging voters to support 45 specific Republican candidates for the House of Delegates.

Blankenship also targeted 42 Democratic candidates by name. Delegate Margaret Leach, D-Cabell, who had recently moved to a nursing home at age 80, was the only one who lost. But 39 of the 45 Republicans Blankenship backed lost.

In 2006, Thomas and political consultant Rob Cornelius ran Blankenship's campaign efforts. Of $1.97 million Blankenship reported spending personally that year, Targeted Communications received $1.85 million.

In West Virginia's 2008 elections, Blankenship played no significant role.

Less than three months ago, Massey paid $267 million in damages and interest to the former Wheeling-Pittsburgh Steel Corp.

Wheeling-Pittsburgh sued Massey for failing to fulfill a long-term coal supply contract in 2005 and 2006. Instead, Massey sold the coal, at higher prices, to other customers, including overseas customers.

On Dec. 1, the state Supreme Court refused to accept Massey's appeal of a July 2007 Brooke County jury verdict.

It was a 5-0 decision - one that Benjamin's supporters say shows his independence.

Later this month, on Feb. 24, Caperton, Harman Mining and Massey Energy are scheduled to file their final reply briefs to the U.S. Supreme Court - one week before oral arguments are scheduled to begin.

Benjamin has declined to answer questions from the media about this case.

Reach Paul J. Nyden at pjny...@wvgazette.com or

304-348-5164.