Coal Tattoo

U.S. District Judge Irene Berger this morning cautioned jurors in the Don Blankenship trial to “be vigilant” about discussing the case outside of the jury’s private deliberation room.

Berger told jurors that they must “walk away” if necessary to avoid members of the public talking about the case in their presence.

The judge also gave jurors an additional instruction about the way they deliberate.

“Every juror should be able to express an opinion if he or she wants to do so,” Berger told the jurors. She told them they must “be respectful” of each other and “treat each other with courtesy.”

Berger’s instructions this morning came as jurors began their seventh day of deliberations following a five-day break for Thanksgiving. Instructions also came following a closed-door session last Tuesday between Berger, prosecutors and Blankenship’s defense team. The subject of that meeting has not been disclosed and Berger has not said why it needed to occur in private.

This morning’s instructions to the jury came during a brief discussion between Berger and the attorneys that took place in open court but was held 15 minutes before the scheduled start of the day’s court session.

Berger said that lead defense lawyer Bill Taylor’s flight to Charleston was delayed and that Taylor had asked her to hold off on any additional jury instructions until he could be present. Blair Brown, another of Blankenship’s attorneys, asked the judge to also instruct jurors that none of them should “come to a decision simply because other jurors think it is right.” Berger declined to give that instruction. Brown then asked to make several other requests, but that he be allowed to do so at the bench. Berger granted that request and held a private discussion with the lawyers before the jury came into the room.

No details about Brown’s requests were disclosed.