The jury in the Don Blankenship trial returns to the Robert C. Byrd U.S. Courthouse in Charleston Monday to resume its work. The eight women and four men have spent over 30 hours so far trying to decide the guilt or innocence of Blankenship on each of three counts.
The former Massey Energy CEO is charged with conspiring to undermine safety to enhance production at the Upper Big Branch mine and making fraudulent statements to the Securities and Exchange Commission and Massey investors about the company’s safety practices.
Naturally, there is speculation around the courthouse and in the public over what is happening behind those closed doors. There have been a couple of hints.
The jury passed a note to Judge Irene Berger after just six hours of deliberation that read, “How long do we deliberate? We cannot agree.” The Judge ordered them to continue.
Last Friday, the jury had another question about the meaning of the words “condone” and “strive.” That suggested jurors were trying to make up their minds about counts two and three, which deal with Massey’s statements following the UBB disaster where 29 miners died.
Since then, the jury has had two full days of deliberation with no further questions. Judge Berger has rejected defense motions for a mistrial based on the jury’s inability to reach a verdict. “They apparently continue to talk,” Berger said. “There is no reason to believe they are deadlocked or coerced to reach a verdict.”
“A five-and-a-half week case is very complex for people who don’t know the law,” Berger continued. “Five days (of deliberations) is not long for five-and-one-half weeks of testimony.”
Attorney Harvey Peyton, who is serving as Metronews’ legal analyst for the trial, says it’s impossible to know what the jury is thinking. “They’re trying to do their job and they’re doing it the best they can,” said Peyton.
But Harvey is convinced that the trial has been fair. “The lawyers for both sides were prepared and they knew what they were doing,” Harvey said. “It has all the hallmarks of a worthy prosecution and an able defense, which could be why the jury is having so much trouble.”
This case has always been a close call. Regardless of the verdict, people who long ago made up their minds about Don Blankenship’s guilt or innocence will not likely be swayed by the outcome. There will be lots of opinions about whether “justice” was done.
However, justice is the process as dictated by the rule of law. An investigation produces charges and the burden of proof falls to the government to meet a high standard of guilt beyond a reasonable doubt.
U.S. Supreme Court Justice Oliver Wendell Holmes said, “Whatever the disagreement there may be as to the scope of the phrase ‘due process of law,’ there can be no doubt that it embraces the fundamental conception of a fair trial with the opportunity to be heard.”
The jury goes back to work Monday. The process continues to work.