(AP) — Lawyers
for former Massey Energy CEO Don Blankenship say he can withhold personal
financial information under a constitutional right to remain silent during
sentencing.
Blankenship's
attorneys cited the 5th Amendment in a federal court filing Friday.
Prosecutors
say Blankenship is violating criminal procedure rules and restitution laws.
They say they can't tell if he anticipated fines or restitution and altered his
finances accordingly.
Blankenship
opposes prosecutors' push to make him pay $28 million in restitution to Alpha
Natural Resources. The now-bankrupt coal company bought Massey in 2011.
Blankenship
was convicted Dec. 3 of a misdemeanor conspiracy to willfully violate mine
safety standards at Upper Big Branch Mine, where an explosion killed 29 men in
2010.
He faces up
to one year in prison and maximum fine of $250,000.