CHARLESTON, W.Va. — The jury in the Don Blankenship case was sent home early Wednesday because a juror was too ill to participate in deliberations.
U.S. District Judge Irene Berger released the jurors for the day — the ninth day of deliberations for the eight women and four men — at about 3:15 p.m.
The judge acted after receiving two notes from the jury that came while she was conducting sentencing hearings in unrelated cases in a courtroom crowded with media representatives and families of Upper Big Branch Mine Disaster victims who are closely monitoring the jury’s deliberations in the landmark case against the former Massey Energy CEO.
Berger told jurors to report back at 9:30 a.m. Thursday, but added that if the sick juror — identified as Bill Rose — was too ill to continue, he could call the court in the morning to report that.
The early dismissal for jurors came just one day after Berger had ordered the jury to continue with its deliberations, despite a note from the panel saying that they remained unable to unanimously agree on a verdict on the charges against Blankenship, which stem from a lengthy government investigation of the April 2010 explosion that killed 29 miners at the Upper Big Branch Mine in Raleigh County.
Also Wednesday, federal prosecutors said that if the jury comes back to Berger with another note saying they remain deadlocked, the judge should issue a second “Allen Charge,” to again encourage jurors to continue deliberating, before she considers declaring a mistrial…
