Jurors, prosecutors and others involved in the case of Brandon Bernard have come forward to beg President Donald Trump to commute his death sentence before he's scheduled to be executed on Dec. 10, according to UPI.
Advocates have long fought to free Bernard during his time in federal prison and have expressed outrage over the federal government's decision to move forward with his execution.
Bernard was handed a death sentence in 2000 by a nearly all-white jury in the U.S. District Court for the Western District of Texas. He and three others were arrested and charged for the 1999 murders of Todd and Stacie Bagley, two youth ministers.
Christopher Vialva and two others hitched a ride with the Bagleys before attempting to rob them. The group stole the ministers' money and a ring while keeping them locked in their trunk. Vialva called Bernard and asked him to bring his car so they could escape after getting rid of the Bagleys' car near Fort Hood Army base.
Vialva shot Todd and Stacie each in the head and the group lit their car on fire, with Bernard allegedly dousing it with gasoline. Medical examiners later revealed that Stacie had not died from the gunshot to the head, but instead from being inside the car as it burned. The police later caught the four suspects because their car got stuck in a ditch.
Vialva was sentenced to death by a jury and was executed in September, according to UPI.
Bernard's lawyers said he did not know they would be killing the Bagleys when he was called and believed they would only be lighting the car on fire before setting the couple free. He was 18 when he was sentenced to death and has been a model inmate ever since, often expressing regret for his involvement in the murders.
Bernard is one of the youngest people ever sentenced to death in federal court, according to his lawyers.
Brandon Bernard. Sentenced to death at 18 as an accomplice. Attorneys declined opening statements. Called no witnesses at penalty stage. 11 of 12 jurors were white. 5 of them now don't want death. His prosecutor has called for mercy. Bill Barr wants him executed on Dec. 10. More: pic.twitter.com/ezZoKpNVKS
— Scott Hechinger (@ScottHech) November 23, 2020
On Twitter, public defender Scott Hechinger wrote that Bernard "has become a model for others & mentor for at-risk youth. Incredibly, he has received zero infractions in his two decades caged."
Hechinger goes on to quote multiple statements from jurors who ruled in the case and the prosecutor who fought for the charges wrote an op-ed acknowledging that sentencing someone to death at age 18 does not take into account the changes a person can make in their lives.
"The news that Brandon Bernard was scheduled for execution on Dec. 10 hit me hard. Brandon was convicted and sentenced to death in Waco 20 years ago; I was the federal prosecutor who defended that death verdict on appeal. I wrote briefs arguing that Brandon had a fair trial and his sentence was justified, even though he was only 18 at the time of the crime and did not shoot either victim," Angela Moore, former assistant U.S attorney for the Western District of Texas, wrote for the IndyStar on November 18.
"I then argued to a panel of federal appellate judges to affirm his conviction and death sentence, which they did," she added.
Moore went on to say that she and other jurors do not think Bernard should be released, only that he should not be sentenced to death. According to justice.gov, jurors voted unanimously for his death sentence in 2000.
"Through time and experience, I have come to appreciate that a teenager who takes part in committing a terrible crime may transform over the years into a thoughtful adult. From everything I have read, it appears that Brandon is just such a person – someone who, even in prison, has maintained rich relationships with his loved ones and worked to find meaning in his life by helping at-risk teenagers avoid a criminal path. Remarkably, in two decades of incarceration Brandon has never been disciplined for a single violation of prison rules," she added.
Five jurors, advocates and family members have issued a clemency petition asking Trump to commute Bernard's death sentence into a life sentence. They have also set up a website for people who are interested in helping.
The jurors note Bernard's young age and the fact that he was largely a bystander in the killings. They also criticized his lawyer in the case.
"To me, it seemed like his attorneys were going through the motions and nothing more," jury foreman Calvin Kruger said.
"I have always thought about whether there was anything I could do to try to change Mr. Bernard's death sentence to a life sentence. I never thought this opportunity would come. I pray that President Trump rights this wrong & commutes his sentence to life imprisonment," another juror said in the filing.
Federal executions had been halted for 17 years before Trump and Attorney General Bill Barr resumed the killings in July. Since then, the Justice Department has executed seven people.
Bernard is scheduled to get a lethal injection at U.S. Penitentiary in Terre Haute, Indiana, according to the Justice Department.
Lawyers for Bernard and others on death row sued the Justice Department over the use of pentobarbital, saying it causes “excruciating pain and suffering before dying.” According to The Washington Post, a federal appeals court denied the delay and the government will be going forward with the next two scheduled executions.