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The Trump administration on Thursday carried out its ninth federal execution of the year and the first during a presidential lame-duck period in 130 years, putting to death a Texas street-gang member for his role in the slayings of a religious couple from Iowa more than two decades ago.
Four more federal executions, including one Friday, are planned in the weeks before President-elect Joe Biden’s inauguration.
The case of Brendan Bernard, who received a lethal injection of phenobarbital inside a death chamber at a US prison in Terre Haute, Indiana, was a rare execution of a person who was in his teens when his crime was committed.
Several high-profile figures, including reality TV star Kim Kardashian West, had appealed to President Donald Trump to commute Bernard’s sentence to life in prison.
With witnesses looking on from behind a glass barrier, the 40-year-old Bernard was pronounced dead at 9.27pm Eastern time.
Bernard was 18 when he and four other teenagers abducted and robbed Todd and Stacie Bagley on their way from a Sunday service in Killeen, Texas. Federal executions were resumed by Trump in July after a 17-year hiatus despite coronavirus outbreak in US prisons.
Alfred Bourgeois, a 56-year-old Louisiana truck driver, is set to die on Friday for killing his two-year-old daughter by repeatedly slamming her head into a truck’s windows and dashboard. His lawyers alleged he was intellectually disabled and therefore ineligible for the death penalty, but several courts said evidence didn’t support that claim.
Bernard has been crocheting in prison and even launched a death-row crocheting group in which inmates have shared patterns for making sweaters, blankets and hats, said Ashley Kincaid Eve, an anti-death penalty activist.
Federal executions during a presidential transfer of power also are rare, especially during a transition from a death-penalty proponent to a president-elect like Biden opposed to capital punishment. The last time executions occurred in a lame-duck period was during the presidency of Grover Cleveland in the 1890s.
Defence attorneys have argued in court and in a petition for clemency from Trump that Bernard was a low-ranking, subservient member of the group. They say both Bagleys were likely dead before Bernard doused their car with lighter fluid and set it on fire, a claim that conflicts with government testimony at trial. Bernard, they say, has repeatedly expressed remorse.
The case has prompted calls for Trump to intervene, including from one prosecutor at his 2000 trial who now says racial bias may have influenced the nearly all-white jury’s imposition of a death sentence against Bernard, who is Black. Several jurors have also since said publicly that they regret not opting for life in prison instead.
The teenagers approached the Bagleys in the afternoon on June 21, 1999, and asked them for a lift after they stopped at a convenience store — planning all along to rob the couple. After the Bagleys agreed, Vialva pulled a gun and forced them into the trunk.
The Bagleys, both of whom were in their 20s, spoke through an opening in the back seat and urged their kidnappers to accept Jesus as they drove around for hours trying to use the Bagleys’ ATM cards. After the teens pulled to the side of the road, Vialva walked to the back and shot the Bagleys in the head.
The central question in the decision to sentence Bernard to death was whether Vialva’s gunshots or the fire set by Bernard killed the Bagleys.
Four of the five inmates set to die before Biden’s inauguration are Black men. The fifth is a white woman who would be the first female inmate executed by the federal government in nearly six decades.
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