Charleston, WV — A federal magistrate has recommended that Don Blankenship’s misdemeanor conviction on a single count of conspiracy to violate mine laws be set aside. Magistrate Omar Aboulhosn made the recommendation to U.S. District Judge Irene Berger after he discovered that the government failed to turn over evidence that could have been favorable to Blankenship’s case. In his recommendation, the magistrate said while errors were made in the pursuit of justice, it is equally important to make clear that he did not find any evidence that former U.S. Attorney Booth Goodwin nor Assistant U.S. Attorney Steve Ruby acted with ulterior motives while prosecuting the case and they did not have improper motive or malice toward Blankenship. The participants in the case now have two weeks to file objections before Berger would issue any final rulings on the case. If she agrees with the magistrate, she can set aside Blankenship’s guilty verdict clearing his record. Whatever decision Berger makes can be appealed to the Fourth Circuit.