BP’s Robert Kaluza pleads fifth amendment to avoid testifying

by Luis R. Miranda
The Real Agenda
May 17, 2010

One of the ‘company men’ who were on the Deepwater Horizon platform before the explosion occurred decided not to testify in one of the hearings being held as part of the investigation conducted after the disaster.  Robert Kaluza “declined to testify in front of a federal panel investigating the deadly oil rig blowout,” reports the Miami Herald.  Kaluza told the U.S Coast Guard he was invoking his constitutional right to avoid self-incrimination.

There can be only one reason why Mr. Kaluza decided not to testify and that is there may be a chance of criminal liability against him and BP.  As we reported yesterday, a witness has testified BP’s “company men” decided to fill the well with salt water instead of mud as then cement, which is the standard procedure.  The April 20 explosion killed 11 workers and the leak continues to spew oil up to today, more than a month later after the explosion.  Although the government said initially the spill was releasing around 210,000 gallons a day, scientists have found it could more than 3 million gallons a day.

Although the government’s hearing in Louisiana failed to determine the cause of the explosion, if one goes by the testimony from Truitt Crawford, it is clear as he explained that the explosion occurred because BP decided to save money by ignoring warning signs -unusual pressure and fluid readings on the rig — and to remove heavy drilling fluid from the well and replacing it with lighter-weight seawater that was unable to prevent gas from surging to the surface and exploding.

Platform workers testified that previous to the explosion, they heard a verbal fight over the decision to ‘take shortcuts’.  The workers say the argument was of the kind commonly experienced when multiple parties involved in offshore operations cannot agree on how things should be ran.  The consequence of that disagreement was the resulting deadly explosion.

The Herald reports that one employee who was worked for Transocean, warned they would have to rely on the structure’s blowout preventer if they went the way BP’s ‘company men’ wanted to go.  “He pretty much grumbled, ‘Well, I guess that’s what we have those pinchers for,” the rig’s chief mechanic, Doug Brown, said of Jimmy Harrell, the top Transocean official on the rig.  The word “Pinchers” probably referred to the shear rams in the blowout preventers, the tools of last resort used to stop the explosion.

Decisions related to the drilling process were in the hands of BP, and sworn testimony by Doug Brown included a quote from a BP high up who ultimately said that: “This is how it’s going to be.”  He ignored the warning signs from the mechanism as well as those from the platform’s crew and let the explosion happen.  During the hearing, Brown was asked if he remembered the name of the BP official who made the decision, but he said he could not remember it.

Robert Kaluza’s attorneys, Shaun Clarke and David Gerger, came out in defense of their client and defined him as a “dedicated, hard-working, conscientious man” whose 35 year experience working in oil fields would have been enough not to do anything wrong. He “did no wrong on the Deepwater Horizon.”  Another BP official, DOnald Vidrine, excused himself from the hearing under alleged undisclosed medical condition.  Other BP officials are to testify on Thursday.

The Justice Department did not assure the press if a criminal investigation was taking place or would take place in the future, but Congress has called for one.  In the meantime federal investigators asked Transocean keep anything considered to be potential evidence.  Carl Smith, a Coast Guard expert testified and reinforce the already known fact that  ‘company men’ have a lot to say on decisions made at an oil platform.