BP blast victims say U.S. secrecy violated rights

By Erwin Seba

HOUSTON (Reuters) - Lawyers for victims of the deadly 2005 explosion at BP Plc's (BP.L: Quote, Profile, Research, Stock Buzz) giant Texas refinery told a federal judge on Monday secret talks between the U.S. government and the energy giant on a plea deal violated their rights as crime victims.

BP's U.S. refining subsidiary formally entered a guilty plea during Monday's hearing at the U.S. District Court for the Southern District of Texas.

But the plea to U.S. Clean Air Act violations in the explosion that killed 15 workers and injured 180 other people has yet to be formally accepted by U.S. District Court Judge Lee Rosenthal.

The victims were attempting to persuade Rosenthal to throw out the plea deal negotiated late last year that would also require BP Products North America pay a $50-million fine. The company would be on probation for three years.

"The court should reject this plea out of hand because it cannot be assured it was done fairly in compliance with the law," said Paul Cassell, University of Utah law professor representing victims and their relatives.

Cassell told Rosenthal the U.S. government has been able to keep crime victims informed during talks about possible guilty pleas in cases like the 1995 Oklahoma City Bombing and accused September 11 conspirator Zacarias Moussaoui.

U.S. Justice Department attorneys said they had to carry out the talks in secret to preserve BP's rights in case the negotiations fell apart and the energy giant went to trial.

"Those were very different cases," U.S. Attorney Don DeGabrielle told reporters following the hearing. "Clearly this was a necessary step."