Today's MOZEN: An Eye for an Eye

 

Brandon Bernard - courtesy of his defense team

On Thursday, December 11, 2020, at 9:27 pm in the United States Federal Penitentiary, Terre Haute, Indiana, 40 year-old Brandon Bernard was executed for being an accomplice to a brutal murder committed by another individual when Bernard was just 18.

He became the ninth person executed by the Federal Government since the Trump administration, under the guidance of US Attorney General William Barr, reinstituted the penalty this past July.

Previous to that time, the death penalty on the Federal level had not be exercised in the previous 17 years.

This fact should come as no surprise to those who support Donald J. Trump as the Law and Order President.

Still, there are a number of factors involved that makes this entire incident such a tragedy.

First and foremost, it is most important to remember the original victims of the crime, the married couple Todd and Staci Bagley. They were brutally murdered by Christopher Vialva in a car-jacking gone bad in Killeen, Texas. Ironically Vialva was also executed at Terre Haute in September. There was never any doubt that it was Mr. Vialva who shot the Bagley's execution style and stuffed them into the trunk of their car which was then set on fire. 

This is where Mr. Bernard comes in.

There is no doubt that he was an accessory to murder as there was ample evidence that he actually started the car fire. However, Bernard was not even present for the original car-jacking or shooting. During the trial a State sanctioned forensic specialist suggested that Staci Bagley was not killed by the gunshot but rather by smoke inhalation from the car fire. This was strongly disputed by another forensic expert for the defense who reviewed Ms. Bagley's autopsy report. If the fire had indeed killed her, Mr. Bernard would then be reasonably called a killer. However, there was serious doubt that this was indeed the case. So, in essence he didn't murder anyone.

Bernard was also just 18 at the time, barely of legal age to be eligible to receive the death penalty. And, he was under the influence of a gang that he turned to to escape a traumatic childhood. He did what he was told to do by other gang members. He was not in a position to challenge them.

Furthermore, as so often happens to poor, black men he could not afford a high-powered attorney for his defense. Instead, he was inadequately represented by a court-appointed lawyer with absolutely no death penalty case experience. He was subsequently convicted and sentenced to death by an almost all white jury.

Perhaps most importantly, Bernard was remorseful for his actions from the very beginning and never waned in his efforts to make his life, even in prison, be worth something to atone for the pain he inflicted on the families of the victims. Robert Owen, Mr. Bernard's lawyer for the last 20 years said this about his client and friend: 

“Brandon made one terrible mistake at age 18. But he did not kill anyone, and he never stopped feeling shame and profound remorse for his actions in the crime. And he spent the rest of his life sincerely trying to show, as he put it, that he ‘was not that person.’ Brandon showed us that and so much more, carrying himself with grace and generosity, and always treating everyone around him with kindness and respect. He worked to help other troubled kids avoid similar devastating mistakes, and he lived every day his commitment to serving both God and humanity.” 

Many, including a former prosecutor in the case as well as some of the former jurors begged the government to reconsider Mr. Bernard's fate and institute a stay of execution. However, it was not meant to be. The Supreme Court rejected his last minute appeal and President Trump refused to grant him clemency.

In keeping with his simple ways, Bernard ordered a meat-lovers pizza and a brownie as his last meal.  Although some could sense his fear, he was also described as spiritually poised. He was ready to meet his fate. His last words were to the families of those who had lost their loved ones those 21 years ago, saying:

"I'm sorry. That's the only words that I can say that can completely capture how I feel now and how I felt that day."

In written statements, the victims' families thanked President Trump. Todd Bagley's mother, Georgia, also wrote this response:

“Please remember that the lives of family and friends were shattered and we all have grieved for 21 years waiting for justice to finally be served.”

While giving the families all the respect due those whose lives have been shattered by senseless violence, I can't help but continue to grief for ALL that has been lost here. Executing Brandon Bernard was NOT justice but, rather, vengeance. What closure could this man's death really provide? He was remorseful. He was contrite. And, he did everything he could possible due to atone for his crime (which he readily admitted committing). He was just 18 at the time of the killings. How many of us are the same as we were at that age? He was a changed man whose life could have been used to better others by helping them avoid the mistakes that he made. Now, there is nothing. The victims' families don't get their loved ones back and another begins it's own grieving process.

In the end, the death penalty accomplishes nothing. It has been proven that it is NOT a deterrent to murder. It does not bring closure. It does not provide justice. Murder at anyone's hand, even the State's is still simply murder. By its very nature it is indefensible. Where is transcendence? Where is compassion? They certainly do not lie within any society that supports the death penalty.

An eye for an eye just leaves the whole world blind.

F LoBuono