A federal judge in Terre Haute denied a request for a stay of execution from the attorneys of Brandon Bernard.
Bernard was sentenced to death for his role in the 1999 shooting death of Todd and Stacey Bagley. Bernard is scheduled to die by lethal injection at the United States Penitentiary in Terre Haute on Dec. 10 . Bernard’s co-defendant in the case, Christopher Vialva, was executed Sept. 24.
READ MORE: U.S. Executes Inmate Christopher Vialva
The Bagleys were carjacked near Fort Hood Texas, and shot to death on the grounds of a military installation. Defense attorneys say, Bernard who was 18 at the time of the murders, was an accomplice and did not shoot the Bagleys. Three other defendants were involved in the crime were sentenced to lengthy prison terms.
Several jurors in the case say they would not have voted to convict Bernard, if they were aware of evidence that was withheld at the trial. That evidence showed Brandon showed up to the scene after the Bagleys had been shot, and was ordered by Vialva to set the victims’ car on fire.
“There is no doubt that Mr. Bernard faces irreparable injury if a stay is denied. The government concedes as much, but both the government and Mr. Bernard's victims have an important interest in the timely enforcement of a sentence,” District Judge James R. Sweeney II said in his ruling.
“Given that five jurors no longer stand by their death verdict, Brandon must not be executed until the courts have fully addressed the constitutionality of his sentence. We will continue to pursue relief from the appellate courts, and hope they will not allow this injustice to stand,” said Robert C. Owen, one of Bernard’s attorneys.
Bernard’s defense team already asked President Trump to grant their client clemency.
