A federal judge denied a motion to delay Brandon Bernard's execution scheduled for December 10th at the federal prison in Terre Haute, Indiana.
Bernard was sentenced to death in 2000 for his role in the murder of Todd and Stacey Bagley. The Bagleys were carjacked and shot to death on the grounds of Ft. Hood, Texas in 1999. Because the crime took place on federal property, Bernard and his co-defendant Christopher Vialva were charged with two counts of murder in a special maritime or territorial jurisdiction of the United States.
Vialva was executed Septemer 24th for his role in the crime, three other teens who were involved received lengthy prison sentences.
Bernard's attorneys say their client wasn't present during the carjacking, and only arrived on at the scene when Vialva shot the Bagleys.
“Brandon Bernard has been seeking relief since we discovered in 2018 that the trial prosecutors withheld critical evidence, yet procedural barriers have prevented him from obtaining a hearing on the merits of his claim. We will continue to make our case in court that this hidden evidence would have changed the outcome of Brandon’s sentencing,” said Rob Owen, one of Bernard’s attorneys.
U.S. District Judge Alan Albright said he did not have jurisdiction in the case to enjoin Bernard's execution.
