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Bernard’s case attracted attention from Democratic lawmakers and celebrity activists, who pleaded with Mr. Trump to commute his sentence to life in prison because of newly-discovered evidence.
Since the Trump administration resumed federal executions after a 17-year hiatus, Democrats have largely been mum about the eight federal inmates put to death so far. But they say the case of Brandon Bernard is different because newly uncovered evidence raises questions about his role in the murders.
In a joint statement, Democratic Sens. Cory Booker of New Jersey and Richard J. Durbin of Illinois called on the president to commute Bernard’s sentence.
Although the Supreme Court refused to postpone the execution, Justice Sonia Sotomayor dissented, saying had the new evidence been presented to a jury, Bernard would have most likely been spared the death penalty.
The evidence defense attorneys say was withheld by prosecutors was the testimony of an expert who was prepared to testify that Bernard was a low-level member of a gang that killed the Bagleys and he did not plan the carjacking and robbery that led to their deaths.
“Many things went wrong to put Brandon on death row, including egregious government misconduct in concealing evidence and misleading the jury, which the courts refused to remedy,” Bernard’s attorney Robert C. Owen said in a statement after his death.
Federal appeals court denies emergency request to halt Brandon Bernard execution Follow Us
Question of the Day This August 2016 photo provided by the Federal Public Defender for the Western District of Washington shows Brandon Bernard. The Trump administration on Thursday, Dec. 10, 2020, is poised to begin an unprecedented number of executions in the run-up to . more > By Jeff Mordock - The Washington Times - Thursday, December 10, 2020
A federal appeals court Thursday denied an last-minute emergency request to halt the execution of Brandon Bernard, clearing the way for the ninth inmate death sentence carried out this year by the Trump administration.
In a brief, one-page order, the 7th U.S. Circuit Court of Appeals rejected the request without explanation.