CHARLESTON, W.Va. –A back-and-forth day at the federal courthouse in Charleston Friday ended just as it began–no verdict in the Don Blankenship criminal trial.
The 12-member jury has deliberated approximately 16 hours over three full days on three criminal counts against the former Massey Energy CEO. He allegedly conspired to break federal mine safety laws at the Upper Big Branch mine in Raleigh County in the months leading up to the April 2010 explosion there where 29 miners were killed. He also allegedly defrauded federal regulators in a statement released to shareholders and the federal Securities and Exchange Commission in the days after the blast.
The fraud charges in counts two and three of the indictment were the subject of a jury question Friday afternoon. They asked U.S. District Judge Irene Berger if she could further define the words “condone” and “strive.” The note said “some jurors” wanted further explanation. Those are the key words in the Massey statement that was formulated after UBB. The company said it didn’t condone breaking safety laws and did strive to be in compliance with all regulations. Federal prosecutors allege Blankenship committed fraud because he knew the statement wasn’t true.
Judge Berger told the jury she couldn’t provide them any more information on the two words. She referred them to her jury instructions. At least two jurors shook their heads in the affirmative as Berger gave her answer.
Bill Taylor, Blankenship’s lead defense attorney, renewed his motion for a mistrial after the judge sent the jury back into its jury room. Taylor expressed concern about possible coercion on some jurors to make a decision despite the evidence because half of them have a two-hour round trip to Charleston and another jury has a three-hour round trip. He also was concerned that the upcoming Thanksgiving holiday would impact their decision. Judge Berger denied his motion.
The judge granted the jury’s request Friday evening and sent the members home for for the weekend. Deliberations will resume at 9 a.m. Monday. The judge did tell the jury it would only work Monday and Tuesday next week if it still hasn’t reached a decision.
A closed door hearing was held earlier in the day Friday that involved two jurors who had been approached by a media member during a break. Berger said the contact was “minimal” and “nothing out of line.” She questioned those jurors with counsel and Blankenship present.
Some family members of the UBB victims were upset with the judge’s decision to close the hearing.