6:00: Morning News

Blankenship jury to continue deliberations for 8th full day

CHARLESTON, W.Va. — The 12-member jury deliberating the Don Blankenship criminal case is now under an Allen Charge after telling U.S. District Judge Irene Berger on Tuesday that it remained deadlocked.

As the seventh full day of deliberations unfolded, the jury handed Berger a note around 11 a.m. telling her they were still deadlocked and asking what next steps to take. It marked the second time jurors told the judge they could not agree on three criminal counts against the former Massey Energy CEO. The first note came after eight hours of deliberations, at which point Berger sent them back to work.

This time the judge issued an Allen Charge, urging the eight women and four men to reconsider the opinions of others and make a decision if at all possible.

Blankenship, 65, is charged with conspiracy and fraud in connection with the operation of the Upper Big Branch mine in Raleigh County. He allegedly circumvented safety laws in order to increase mine profits and then lied about the safety record to shareholders and federal regulators after the April 2010 explosion at UBB that killed 29 miners.

The Allen Charge is a “mildly coercive” urging of the jury, MetroNews legal analyst Harvey Peyton said.

“You have a serious duty to resolve this case if at all possible. You have to listen to the views and opinions of your fellow jurors and if you find yourself in a minority you need to consider whether your doubt is a reasonable one or your position is reasonable,” Peyton said.

Attorneys for Blankenship objected to the Allen Charge and asked the judge for a fourth time to declare a mistrial, which Berger refused.

Along with the Allen Charge the judge reminded jurors they could reach a partial verdict in the case. Blankenship faces three charges.

“The judge has to be careful not to cross the line. The defendant is entitled to a fair trial and you can’t coerce a result. I think they are more likely to arrive at a verdict after receiving a charge from the court of that nature,” Peyton said.

Jury deliberations continued Tuesday afternoon but ended at just before 5 p.m. with no verdict. The panel will return to the Byrd Federal Courthouse Wednesday morning.





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