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Culture

Brandon Bernard's senseless execution shows just how wrong the federal death penalty really is

Brandon Bernard's senseless execution shows just how wrong the federal death penalty really is

Brandon Bernard, 40, was executed at 9:27 pm Thursday night at the federal prison in Terre Haute, Indiana for a crime he committed when he was 18.

"I'm sorry," Brandon Bernard said, opening his three-minute speech that would amount to his final words."That's the only words I can say that completely capture how I feel now and how I felt that day."

In 1999, Christian Vialva and three teen boys car-jacked Todd and Stacie Bagley in Killeen, Texas. The Bagley's were thrown in the trunk of their car and both were shot in the head. Bernard was not present for the abduction but was tasked with setting the car on fire to destroy the evidence.

Bernard believed that both of the Bagley's were dead, but Stacie was still alive in the trunk when Bernard set the car ablaze.

Vialva was executed for his involvement in the crime in September.


The Supreme Court Thursday night declined to intervene in Bernard's case. Although three justices, Sonia Sotomayor, Elena Kagan, and Stephen Breyer said they would have granted the application to stay the execution. Five of the jurors in the original case have since changed their minds saying that they want his sentence commuted.

The trial became a cause celeb when Kim Kardashian West, daughter of famed attorney Robert Kardashian, advocated on Bernard's behalf on Twitter.

Bernard clearly was a participant in a brutal act of violence and terror. But he was a teenager at the time and his involvement in Stacie's death was unintentional.

Bernard's death was completely avoidable because there had been a 17-year moratorium on federal executions until U.S. Attorney General Bill Barr reinstated them last July.

Barr said in a 2019 statement that "we owe it to the victims and their families to carry forward the sentence imposed by our justice system."

Since there have been nine federal executions and four more are scheduled to take place before Trump leaves office on January 20.

Trump has been completely silent on all of the executions.

According to a former Trump senior staffer, he has no problem with using the most brutal form of state power on American citizens. "If it were up to him, we would return to the old days where it was eye-for-an-eye, tooth-for-a-tooth — or we would forget about proportionality altogether," the former official told The Daily Beast in July. "He would talk about lining up drug dealers and gang members in front of a firing squad."

via Tommy Woodard / Flickr

The administration's decision to go forward with the executions is also a break from historical norms. The federal executions are the first to have occurred during a lame-duck presidency in 130 years.

The state-sponsored killings are also completely arbitrary being that when Joe Biden takes office he vows to end them. Biden "opposes the death penalty now and in the future," press secretary TJ Ducklo said.

While it's easy to come to the conclusion that some acts perpetrated by humans are so heinous they should be punishable by death, capital punishment makes a very damning statement about the state that wields it and its citizens.

It's a statement that some humans are irredeemable and cannot be forgiven. It says that our criminal justice system is ultimately about punishment, not reform. It says the only way to enact justice for some victims is through violence.

The death penalty tells people that murder is wrong unless it's carried out by the state.

Ultimately, as long as the criminal justice system is administered by humans it will be fallible. It's proven to be racist and there are over 170 cases of people being sentenced to death for crimes they didn't commit since 1973. According to the ACLU, it isn't even an effective crime deterrent.

Why should American citizens continue to empower such an unreliable system make the ultimate judgment on a person's life?

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Three women, three MS journeys: How multiple sclerosis looks different for everyone

Gina, Nathalie and Helga share their reactions to being diagnosed with MS and how they stay informed and positive in the face of ever-changing symptoms.

Courtesy of Sanofi

Helga, Nathalie and Gina all have MS, and their experiences show how differently the disease can manifest.

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It’s been 155 years since neurologist Jean-Martin Charcot gave the first lecture on a mysterious progressive illness he called “multiple sclerosis.” Since then, we’ve learned a lot. We know MS causes the immune system to attack healthy tissue, including damaging the brain and spinal cord. Resulting symptoms can be debilitating and include fatigue, blurred vision, memory problems and weakness. Huge advancements in our understanding of MS and its underlying causes, as well as treatment advances, have been made in the past few decades, but MS remains a complex and unpredictable reality for the 2.8 million+ people diagnosed around the world.

Ironically, the only real constant for people living with MS is change. There’s no set pattern or standard progression of the disease, so each person’s experience is unique. Some people with MS have mild symptoms that worsen slowly but sometimes improve, while others can have severe symptoms that drastically alter their daily lives.

All people with MS share some things in common, however, such as the need to stay informed on the ever-evolving research, find various lines of support and try to remain hopeful as they continue living with the disease.

To better understand what navigating life with MS really looks like, three women shared their MS stories with us. Their journeys demonstrate how MS can look different for different people and interestingly, how the language used to talk about the disease can greatly impact how people understand their realities.

woman with horse, woman riding horseGina loves riding her horse, Benita.Courtesy of Sanofi

Gina—Hamburg, Germany (diagnosed with relapsing multiple sclerosis in 2017)

When her youngest son was 4 months old, Gina started having problems with her eye. She’d soon learn she was experiencing optic neuritis—her first symptom of MS.

“Immediately after the diagnosis, I looked up facts on MS because I didn’t know anything about it,” Gina says. “And as soon as I knew what could really happen with this disease, I actually got scared.”

As her family’s primary income provider, she worried about how MS would impact her ability to work as a writer and editor. Her family was afraid she was going to end up in a wheelchair. However, for now, Gina’s MS is managed well enough that she still works full-time and is able to be active.

“When I tell somebody that I have MS, they often don't believe me the first time because I don't fulfill any stereotypes,” she says.

Overwhelmed by negative perspectives on living with MS, Gina sought support in the online MS community, which she found to be much more positive.

“I think it’s important to use as many positive words as you can when talking about MS.” It’s important to be realistic while also conveying hope, she says. “MS is an insidious disease that can cause many bad symptoms…that can be frightening, and you can't gloss over it, either.”

To give back to the online community that helped her so much, Gina started a blog to share her story and help others trying to learn about their diagnosis.

Though she deals with fatigue and cognitive dysfunction sometimes, Gina stays active swimming, biking, riding horses and playing with her sons, who are now 11 and 6.

Cognitive dysfunction is common in MS, with over half of people affected. It can impact memory, attention, planning, and word-finding. As with many aspects of MS, some people experience mild changes, while others face more challenges.

Gina says that while there’s still a lot of education about MS needed, she feels positive about the future of MS because there’s so much research being done.

woman in wheelchair holding medal, woman rowingNathalie is an award-winning rower with multiple international titles.Courtesy of Sanofi

Nathalie — Pennes Mirabeau, France (diagnosed with relapsing-remitting multiple sclerosis in 2002)

Nathalie was a teenager and a competitive athlete when she noticed her first symptoms of MS, but it would take four years of “limbo” before she was diagnosed.

“Ultimately, the diagnosis was more of a relief, than a shock,” she says. “Because when you have signs and you don’t know why, it’s worse than knowing, in the end, what you have.”

However, learning more about the disease—and the realities of disease progression—scared her.

“That glimpse of the future was direct and traumatic,” she says. Her neurologist explained that the disease evolves differently for everyone, and her situation might end up being serious or very mild. So, she decided to stop comparing herself to others with MS.

She said to herself, “We’ll see what happens, and you’ll manage it bit by bit.”

By 2005, Nathalie’s MS had progressed to the point of needing a wheelchair. However, that has not dampened her competitive spirit.

Nathalie began her international rowing career in 2009 and has won multiple world titles, including two Paralympic medals—silver in London and bronze in Tokyo. Now, at 42, she still trains 11 times a week. Fatigue can be a problem, and sometimes hard workouts leave her with muscle stiffness and shaking, but she credits her ongoing sports career for helping her feel in tune with her body’s signals.

“Over the years, I’ve learned to listen to my body, letting my body guide when I need to stop and take breaks,” she says.

Nathalie explains that she used to only look backwards because of the initial shock of her diagnosis. In time, she stopped thinking about what she couldn’t do anymore and focused on her future. She now lives in the following mindset: “Even when doors close, don’t miss out on those that open.” Instead of focusing on what she can’t do, she focuses on the opportunities she still has. Right now, this includes her training for the 2024 Paralympic Games in Paris, where she will compete for another rowing medal.

“I only go forward,” she says. “Well, I try, anyway…It’s easy to say, it’s not always easy to do. But that’s what I try to do.”

woman exiting water after swimming, woman with great daneHelga's Great Dane has become a helpful and beloved companion.Courtesy of Sanofi

Helga—Johannesburg, South Africa (diagnosed with relapsing multiple sclerosis in 2010)

When Helga first started having balance issues and numbness in her feet, she chalked it up to her training as a runner. But when the numbness moved to her face, she knew something was wrong. She never guessed it was MS.

“When I was diagnosed, I felt completely overwhelmed and clueless,” Helga says. “I felt that I had nowhere near enough information. I did not know anything about the disease…I had no idea that it was going to be a process of continually monitoring and adjusting your lifestyle.”

In the beginning, Helga’s symptoms developed slowly, and she didn’t appear ill to others. She was even able to run for a few years after her diagnosis, but she couldn’t do marathons anymore, and she began to fall frequently due to balance issues and right-foot dragging. Then her cognition issues became more problematic, especially in her job as a trainer in a printing company.

“My executive function, decision-making and short-term memory were affected to the point that I was eventually medically unfit for work,” she says. She stopped working in 2017.

However, she didn’t stop living life. Even though she could no longer run, she continued to swim competitively. She got a Great Dane puppy and trained him as a service dog to help her walk. She also serves as vice chair of the patient support organization Multiple Sclerosis South Africa, and she advises others who have been diagnosed to join a patient advocacy group as soon as possible to get reliable information and meet others with MS.

Helga says she is “hopeful” about the future of MS. “I must say that I am so grateful that we have all the new medications available, because my life would not be the same if it wasn't for that,” she adds.

Part of how she manages her MS is by looking at the positives.

“If I could tell the world one thing about MS, it would be that MS is an incurable disease of the nervous system, but it's also the greatest teacher of valuing your health, family, friends, and managing change in your life,” she says. “My life is diversified in a way that I never, ever thought it would, and MS has been honestly the greatest teacher.”

Each MS journey is unique – with each person impacted experiencing different struggles, successes, and feelings as they manage this unpredictable disease. But the common thread is clear – there is a critical need for information, support, and hope. We are proud to participate in World MS Day and share these incredible stories of living life while living with MS. To learn more about MS, go to https://www.sanofi.com/why-words-really-matter-when-it-comes-to-multiple-sclerosis.

MAT-GLB-2301642-v1.0-05/2023

This article was sponsored by Sanofi. Participants were compensated when applicable.

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