Brandon Bernard to Be Executed Despite Five Jurors Urging Trump to Commute Sentence

Brandon Bernard is set to become the latest federal inmate executed by President Donald Trump's administration—even though five of the surviving nine jurors who condemned him to death have changed their minds.

The 40-year-old is scheduled to die by lethal injection at the U.S. Penitentiary in Terre Haute, Indiana on Thursday.

Bernard, who is Black, was 18 when he was convicted over the 1999 kidnapping and murder of youth ministers Todd and Stacie Bagley at Fort Hood in Texas.

Bernard's co-defendant, Christopher Vialva, was executed for his role in the Bagleys' murder on September 22. Vialva was the first Black inmate put to death after the federal government resumed the death penalty earlier this year.

Bernard's attorneys have asked for his execution to be stayed, arguing that it will otherwise allow the federal government to evade review of its suppression of expert evidence that likely would have led the jury to spare his life.

"Expert evidence that Bernard occupied the gang's lowest rung would almost certainly have persuaded at least one juror to vote for life," the motion said.

"After watching the news broadcast this morning, I was both hurt and disappointed that the death penalty was the issue, yet both sides of the story were not told. The story was focused on Vialva’s life and the changes that he has made. This is not about him and his changed life, but about the victims in this case.
At 19, Vialva was aware of right and wrong and was trying to prove himself as a leader of a gang. Vialva preplanned with the other members what would go down that day. He personally shot both Todd and Stacie in the head, killing Todd instantly. Stacie was shot in the mouth after watching her husband die. She later died of smoke inhalation after Bernard set their car on fire. The gang utilized Sparks, who at 15 was the youngest of the group, to ask Todd for a ride home. In the course of trying to help, Todd and Stacie agree to give their time to take him home, which was their practice to reach out to help anyone they could, when given the opportunity.

Vialva, Brown, and Bernard hid from sight until Sparks gave them the Ok. They then all rushed out and jumped in the car, putting guns to Todd and Stacie’s head, and Vialva said, “plans have changed.” Todd and Stacie were two innocent young people who were deceived because they always saw the good in others. They were then forced into the truck of their car and driven around for 7 horrific hours on that hot day in June. They had no water, no restroom, they were robbed of their belongings, they had all of their money withdrawn from their bank account, they were driven around to other gang members houses, and slam banged around on a dirt country road. They begged from the trunk of their car for someone to call the police to help them at the different houses, but no one would call for help.

Vialva now says he has turned his life around and has influenced other lives since then, but Todd and Stacie have also influenced many lives. They were willing to lay down their lives to try and win their kidnappers to the Lord by quoting scripture, praying, and singing praises to God before they died. We will never know how many people they could have influenced for good if they had been given the chance. I feel when these tragedies happen, both sides of the story should be given. I believe when someone deliberately takes the life of another, they should suffer the consequences for their actions.

Christopher’s mother had the opportunity to visit him for the past 21 years. This execution should have been carried out 3-5 years after a jury of 12 people found him guilty. We have had to wait for 21 years for justice and closure. We cannot be with our children for visits or to see them on holidays. We were denied that privilege. Todd and Stacie were innocent victims. Please remember the victims and their families whose lives have been shattered and are still trying to cope. I have the assurance that Todd and Stacie were staunch Christians and are now in heaven with Jesus, who will richly reward them for their willingness to be his witnesses even unto death. I know without a doubt we will have a glorious reunion with them one day!

I want to make sure to thank everyone that participated in seeing that Todd and Stacie received justice for this horrific crime, particularly: Our Federal Prosecutors in Texas, The FBI, The Texas Rangers, The Ft. Hood Military Police, and The Crisis Support Team in Indiana. We appreciate that President Trump felt compassion to the victims and the families to reinstate the Death Penalty, and allow us some closure and to give Todd and Stacie justice.

Georgia, Todd Bagley’s Mother"

“These, along with several earlier, are federal executions from federal charges.”

My point was that they are not showing that the states have continued to execute, just that Trump has re-established it at federal level. If I hadn’t listed that there are so many states out there using it, and have never stopped using it, would you have known about the states? And how many people in the country know that states still execute for capital crimes.

They can blame Trump, but they don’t care if others do it just like themselves right in their own back yard. They are nothing but hypocrites or blind sheep led by media forces to half, if any, truths. And Trump didn’t recommend it, determine his guilt, or sentence him. Now he’s supposed to over ride the decisions of a selected jury and a federal judge, with no evidence to change the decision? Might as well empty the prisons and turn the animals loose.

wy69

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