UPDATED: Judge tells jury to continue working.
The jury in the Don Blankenship trial has sent a note to U.S. District Judge Irene Berger indicating they remain deadlocked.
Shortly before 11 a.m., Berger received a note and subsequently called attorneys for both the prosecution and defense.
At around 11:15, Berger told attorneys the note indicated that the jury remained deadlocked. Jurors also asked “do you have any further instructions?”
Berger indicated that she intends to give jurors an “Allen Charge,” an instruction that is used to encourage a deadlocked jury to continue deliberating toward a verdict.Lead defense attorney Bill Taylor objected to the Allen Charge, instead calling for a mistrial. Assistant U.S.
Attorney Steve Ruby did not object to the Allen Charge, and asked that the judge follow the language used in previous Allen Charges used in the Fourth Circuit.
In addition to the Allen Charge, Ruby asked Berger to use a previously proposed defense jury instruction.
Court remains in session. Additional updates will be posted as they become available.