CHARLESTON, W.Va. — The 12-member jury deliberating the Don Blankenship case told U.S. District Judge Irene Berger in a Thursday morning note that it cannot agree.
“How long do we deliberate? We cannot agree,” the note that was forwarded to the judge at about 11:30 said.
Blankenship’s lead attorney Bill Taylor argued for a mistrial, but federal prosecutors told the judge deliberations hadn’t gone long enough to stop them. Judge Berger agreed and told the jury to continue its deliberations.
The 12-member panel then broke for lunch.
Blankenship, 65, is charged with three criminal counts after allegedly participating in a conspiracy to skirt federal mine safety laws at the Upper Big Branch mine in Raleigh County in favor of production. He also allegedly committed fraud as part of a statement sent out to shareholders and filed with the federal Securities and Exchange Commission following the April 5, 2010 explosion at UBB that killed 29 miners.
MetroNews’ Shauna Johnson, who was in the courtroom when the question from the jury was read, tweeted Thursday afternoon, “Based on length of the trial, number of witnesses & length of deliberations thus far, jury has been ordered to continue.”
Deliberations began late Tuesday afternoon and lasted all day Wednesday before the jury reconvened Thursday morning.