Friday, November 16, 2012

Gulf of Mexico oil spill: BP workers charged with manslaughter are 'scapegoats'

Vidrine's attorney said that the government had "exercised exceedingly poor judgment" in charging his client.

"It is almost inconceivable that any fair-minded person would blame this hardworking and diligent man for one of the most catastrophic events in the history of the oil business," said the attorney, Bob Habans.

Both Vidrine and Kaluza are veterans of the oil business, according to their lawyers. Vidrine has more than 39 years experience while Kaluza, who joined BP in 1997, has 44.

The two each face 11 counts of involuntary manslaughter, 11 counts of seaman's manslaughter and one count of Clean Water Act violations.

Involuntary manslaughter is a broad statute covering individuals whose reckless conduct leads directly to the loss of life. Seaman's manslaughter is reserved for those employed on ships whose misconduct results in death.

Generally to prove manslaughter at a trial, prosecutors have to show that the defendant's conduct was more than mere negligence, legal experts said.

"It becomes a very difficult case for both defense lawyers and prosecutors," said Ed Little, a defense attorney who is not involved in the BP case. "It becomes a rhetorical battle."

In addition to the legal standard of manslaughter, another key aspect to the case could be what other factors could be to blame for the disaster.

In his statement, Vidrine's lawyer said that numerous investigative bodies had blamed many other individuals and factors. "Among many causes identified by these investigations were the failure of negligently designed cement at the bottom of the well, the failure of the blowout preventer, and the failure of others to monitor and control the well," he said.

BP on Thursday agreed to pay the U.S. government $4.5bn and to plead guilty to felony misconduct in the disaster.

A third individual, a former senior BP executive, was charged with misleading the US Congress as it investigated the spill.

Source: http://telegraph.feedsportal.com/c/32726/f/568796/s/25a37ed0/l/0L0Stelegraph0O0Cfinance0Cnewsbysector0Cenergy0Coilandgas0C96821820CGulf0Eof0EMexico0Eoil0Espill0EBP0Eworkers0Echarged0Ewith0Emanslaughter0Eare0Escapegoats0Bhtml/story01.htm

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