On Dec. 10, Brandon Bernard is scheduled to be executed.
If the execution goes forward, he will die for acting as an accomplice in a crime that happened when he was 18. Five of the nine surviving jurors who voted 20 years ago to condemn Bernard to death now support sparing his life. So does a former federal prosecutor who defended Bernard’s death sentence on appeal.
Bernard and his lawyers are fighting a desperate battle to avoid execution: He has a clemency petition pending before President Donald Trump and has filed motions in federal court.
If his execution date gets pushed back even six weeks, his fate would be determined by a new administration led by Joe Biden, who says he opposes the death penalty.