Newly filed documents in $75-million lawsuit indicate Drummond lied in response to discovery requests regarding former exec David Roberson in EPA case

Drummond Coal

 

Documents filed last Friday in a $75-million lawsuit indicate Drummond Company lied in its response to requests for discovery. David Roberson, plaintiff and a former Drummond executive, has moved trial judge Tamara Harris Johnson for an award of attorney fees and other expenses associated with uncovering the truth in the matters related to the apparent false responses. Roberson also moved the trial court to deem the facts as admitted.

The court filings came on the same day that someone fired a ahot into Roberson's vehicle as he drove south on Highway 280 toward the office of his attorney, Burt Newsome, in Shelby County.

The apparent falsehoods in Drummond's discovery responses involve issues central to Roberson's claim that Drummond set him up to be the fall guy in the North Birmingham Superfund bribery trial. Let's take a look at each of the three issues, including Drummond's responses and Roberson's evidence suggesting the responses were false:

(1.) Payment of Balch Bingham invoices

A.  Roberson's request: Admit or deny that the original invoice from Balch Bingham for reimbursement of Balch's payment to the Oliver Robinson Foundation was addressed to Blake Andrews (Drummond's general counsel).  

B. Drummond's answer: Denied.

C. Roberson's response: Attached is the original invoice from Balch Bingham to Drummond Company for reimbursement of Balch's payment to the Oliver Robinson Foundation for Robinson to do acts that were deemed illegal and resulted in the conviction of David Roberson, which was addressed to Blake Andrews. See plaintiffs' Exhibit 1. Said invoice was located by the Robeersons after an exhaustive search.

(2.)  Roberson is made the contact for payment of invoices to the Robinson Foundation

A. Roberson's request: Admit or deny that Blake Andrews, after receiving the original invoice addressed to him for reimbursement of Balch's payments to the Oliver Robinson Foundation had Balch change the contact person on these invoices to David Roberson. 

B. Drummond's answer: Denied.

C. Roberson's response: Attached is the original invoice from Balch Bingham to Drummond Company for reimbursement of Balch's payment to the Oliver Robinson Foundation for Robinson to do acts that were deemed illegal and resulted in in the conviction of David Roberson, which was addressed to Blake Andrews. See plaintiffs' Exhibit 1. Said invoice was located by the Roberson's after an exhaustive search. Written on said invoice by Blake Andrews are the words "should be David Roberson." Attached as plaintiffs' Exhibit 2 is the new invoice that was created by Balch to David Roberson after Blake Andrews instructed the change to be made where Mr. Roberson could unknowingly be approving the illegal invoices.

(3.) Drummond's assurance that David Roberson would receive full salary and benefits throughout the criminal-appeals process.

A. Roberson's request: Admit or deny that after David Roberson's indictment and conviction for matters related to Drummond, Balch, and the proposed North Birmingham Superfund site, Drummond CEO at that time, Mike Tracy, told both David and Anna Roberson that they had nothing to worry about financially and that David Roberson would be kept on Drummond's payroll at his current salary with full benefits until the criminal appeals process was completed.

B. Drummond's answer: Denied.

C. Roberson's response: Attached is the affidavit from George Barber, former president of the Alabama Coal Association, stating that Mike Tracy told him that David Roberson would be on Drummond's payroll with full benefits throughout the appeals process and that he had communicated the same to David and Anna Roberson as well. See plaintiffs' Exhibit 3.