Photo by F. Brian Ferguson

Perhaps lost in the news about yesterday’s issuance of an “Allen charge” in the Don Blankenship case was that there were actually competing proposals that were being debated by lawyers in the case and U.S. District Judge Irene Berger.

For those who are interested, those various proposals have now been made public, added to the court’s PACER computer document filing system by the court.

First, here is the instruction that Judge Berger actually delivered to the jury.

Second, here is the proposal submitted to Judge Berger by the government.

Third, here is a proposed instruction from the defense regarding “juror disagreement.”

Fourth, here is a proposed instruction from the defense regarding communications with the court.

Fifth, here is a proposed instruction from the defense regarding jury deadlock.