CHARLESTON, W.Va. -U.S. District Judge Irene Berger has given federal prosecutors and defense attorneys two hours each to deliver their closing arguments to the jury hearing the Don Blankenship criminal trial.
It took Judge Berger approximately 77 minutes to read the instructions to the jury Tuesday morning.
Berger reminded jury members that Blankenship, the former Massey Energy CEO, is not charged with causing the April 2010 explosion at Upper Big Branch mine in Raleigh County that claimed the lives of 29 miners.
U.S. Attorney Booth Goodwin gave the closing argument for the federal government while Blankenship’s lead defense counsel Bill Taylor will do so for the defense.
Judge Berger heard objections on the instructions from Assistant U.S. Attorney Steve Ruby and defense attorney Eric Delinsky during a hearing Monday afternoon at the federal courthouse in Charleston. The jury was sent home before noon Monday after the defense surprisingly rested its case without calling a single witness to the stand.
Blankenship, 65, allegedly conspired to break federal mine safety laws at the Upper Big Branch mine in Raleigh County in the months leading up to the explosion. He also allegedly lied to federal investment regulators in a statement released to shareholders in the days after the blast. Prosecutors have alleged during the trial that Blankenship pushed production over safety to make more money for himself.
Judge Berger also instructed the jury that Blankenship’s decision not to testify cannot be part of the panel’s deliberations.
“The defendant has exercised his constitutional right not to testify…and it cannot be used in your deliberations in any way,” Berger said.
Delinsky tried to convince the judge Monday to put in what he called “stronger” reasonable doubt language, but the judge refused. The language was clear, Berger said.
“If there’s a reasonable doubt they need to acquit. Even if there’s a tie you’ve got to acquit,” she said.
Previous court decisions prohibit federal judges from defining the term ‘reasonable doubt’ for juries. Berger also ruled she would not allow lead defense attorney Taylor to offer a definition in his closing argument.
Delinsky also offered objections to the language detailing the conspiracy charge, the wording of the verdict form along with renewing some objections the defense made before the trial began.
Deliberations will begin after the closing arguments.