OK

This is only a Preview!

You must Publish this diary to make this visible to the public,
or click 'Edit Diary' to make further changes first.

Posting a Diary Entry

Daily Kos welcomes blog articles from readers, known as diaries. The Intro section to a diary should be about three paragraphs long, and is required. The body section is optional, as is the poll, which can have 1 to 15 choices. Descriptive tags are also required to help others find your diary by subject; please don't use "cute" tags.

When you're ready, scroll down below the tags and click Save & Preview. You can edit your diary after it's published by clicking Edit Diary. Polls cannot be edited once they are published.

If this is your first time creating a Diary since the Ajax upgrade, before you enter any text below, please press Ctrl-F5 and then hold down the Shift Key and press your browser's Reload button to refresh its cache with the new script files.

ATTENTION: READ THE RULES.

  1. One diary daily maximum.
  2. Substantive diaries only. If you don't have at least three solid, original paragraphs, you should probably post a comment in an Open Thread.
  3. No repetitive diaries. Take a moment to ensure your topic hasn't been blogged (you can search for Stories and Diaries that already cover this topic), though fresh original analysis is always welcome.
  4. Use the "Body" textbox if your diary entry is longer than three paragraphs.
  5. Any images in your posts must be hosted by an approved image hosting service (one of: imageshack.us, photobucket.com, flickr.com, smugmug.com, allyoucanupload.com, picturetrail.com, mac.com, webshots.com, editgrid.com).
  6. Copying and pasting entire copyrighted works is prohibited. If you do quote something, keep it brief, always provide a link to the original source, and use the <blockquote> tags to clearly identify the quoted material. Violating this rule is grounds for immediate banning.
  7. Be civil. Do not "call out" other users by name in diary titles. Do not use profanity in diary titles. Don't write diaries whose main purpose is to deliberately inflame.
For the complete list of DailyKos diary guidelines, please click here.

Please begin with an informative title:

Think Progress reports that a Louisiana federal judge on Monday refused to toss manslaughter charges against two BP PLC supervisors for their roles in the 2010 Deepwater Horizon disaster, rejecting claims that the charges are unconstitutionally vague because they lack a clear standard of care that the supervisors allegedly violated.

The U.S. Department of Justice claims Robert Kaluza's and Donald Vidrine's negligence caused the 11 rig worker deaths in the Deepwater Horizon explosion, which sent nearly 5 million barrels of oil spewing into the Gulf of Mexico. The 23 count indictment accuses them of mishandling a crucial safety test and failing to report abnormally high pressure readings that attorneys say were signs of an impending disaster. The blast at BP's Manconda well killed 11 workers, injured 16 others and resulted in the largest accidental marine spill in the Petroleum industries history.

“Provided that the government is able to prove that the defendants’ actions caused the blowout that caused the eleven deaths on the Deepwater Horizon, the facts as alleged are sufficient to conclude that an ordinary person would reasonably understand that the improper administration of the negative testing and actions surrounding such administration of the test in light of the inherent danger in deepwater drilling would subject one to criminal sanctions,” Judge Duval wrote.

Attempting to get the case dismissed, attorneys for Donald J. Vidrine and Robert Kaluza had argued that the criminal statutes governing the case were unconstitutionally vague — specifically, that the federal statute for involuntary manslaughter was not specific enough regarding the “standard of care” that the supervisors were supposed to maintain on the rig. According to their argument, BP’s professional conduct guidelines had provided “little to no ascertainable standard” of how supervisors were supposed to have acted to prevent the blowout. Vidrine and Kaluza, they said, never could have known they were violating the law.

A criminal statute can be deemed vague under the Fifth Amendment’s due process clause if the defendants can prove that they could not have reasonably understood that their alleged conduct was forbidden, the court noted.

Judge Duval, however, disagreed with the supervisor’s attorneys, saying external rules by BP were not necessary in order for the supervisors to be held accountable under criminal law.

“The statutes at issue in this matter have been interpreted to require ordinary negligence and gross negligence, which have well-settled legal meanings,” Judge Duval wrote, noting that the attorneys had provided no case law stating otherwise. “To find otherwise would mean that, absent an external standard of care, no ‘professional’ could be held accountable for such conduct.”

Judge Duval also noted that if the facts alleged in the case are true, it would be “difficult” to prove that the supervisors did not expect to be punished for their negligence. And even if they didn’t expect criminal charges, he wrote, it would not necessarily matter.

“Though a criminal may not foresee certain consequences, the law may still hold him or her accountable for negligent actions,” he wrote.

Judge Duval's opinion is here.

h/t to Law360--Pay Site

Intro

You must enter an Intro for your Diary Entry between 300 and 1150 characters long (that's approximately 50-175 words without any html or formatting markup).

Huffington Post highlights a AP report on the victims.

Here is a list of the 11 workers who died after a blast on the BP-leased drilling rig Deepwater Horizon on April 20, 2010 about 50 miles southeast of the Louisiana coast in the Gulf of Mexico. The rig was owned by the Swiss firm Transocean Ltd. It was drilling the Macondo well, in which BP was the majority owner. On the morning of April 12 — after burning for about a day and a half — the Deepwater Horizon sank. It rests on the bottom about a mile below the Gulf surface.

None of the men worked directly for BP. Two were employed by M-I Swaco, a division of oil field services company Schlumberger. The rest worked for Transocean.

No bodies were recovered.

— Jason Anderson, 35, of Midfield, Texas. A father of two. His wife, Shelley, said Thanksgiving was his favorite holiday. Anderson began preparing a will in February 2010 and kept it in a spiral notebook. It sank with the rig.

—Aaron Dale "Bubba" Burkeen, 37, of Philadelphia, Miss. His death at the Deepwater Horizon came on his wedding anniversary and four days before his birthday. He was married with two children.

—Donald Clark, 49, of Newellton, La. He was one of six workers scheduled to leave the rig on April 21, the day after the blast.

—Stephen Ray Curtis, 40, of Georgetown, La., Curtis was married and had two teenagers.

—Gordon Jones, 28, of Baton Rouge, La. Jones arrived on the rig the day before the explosion. He died three days before his sixth wedding anniversary and 10 minutes after talking to his pregnant wife, Michelle Jones. Their son, Max, was born three weeks later.

—Roy Wyatt Kemp, 27, Jonesville, La. Kemp was married. His daughter's birthday was 3 days before the explosion. Kemp was one of six workers scheduled to leave the rig on April 21.

—Karl Kleppinger Jr., 38, of Natchez, Miss. Kleppinger was a veteran of the first Gulf War and the father of one child.

—Keith Blair Manuel, 56, of Gonzales, La. Manuel had three daughters. He was a fan of LSU athletics and had football and basketball season tickets.

—Dewey A. Revette, 48, of State Line, Miss. Revette had been married to his wife, Sherri, for 26 years when the rig exploded. He was one of six workers scheduled to leave the rig on April 21.

—Shane M. Roshto, 22, of Liberty, Miss. His wife, Natalie, filed a lawsuit April 21, 2010, saying she suffered post-traumatic stress disorder after her husband was killed in the explosion. He was one of six workers who were set to leave the rig on April 21.

— Adam Weise, 24, Yorktown, Texas. Weise drove 10 hours to Louisiana every three weeks to work on the rig. A high school football star, he spent off- time hunting and fishing. He was one of six workers scheduled to leave the rig on April 21.

Extended (Optional)

Originally posted to Pakalolo on Wed Jan 29, 2014 at 02:02 PM PST.

Also republished by Gulf Watchers Group.

EMAIL TO A FRIEND X
Your Email has been sent.