Skip to main content

North Carolina | New Hearings on Reopened Death Penalty Cases Began Last Week. The Outcomes Could Effectively End North Carolina's Death Penalty.

In February 2007, Hasson Jamaal Bacote was 19 years old when he and another man broke into a home in Selma, North Carolina, in an attempted robbery. 

Six people were inside, including 18-year-old Anthony Surles, a senior at Smithfield-Selma High School.

Surles was shot and killed.

Surles’ murder wasn’t premeditated, but based on Bacote’s already lengthy teenage criminal rap sheet, Bacote was sentenced to death by lethal injection in 2009.

More than a decade later, Bacote’s case is back in court, thanks to a 2020 ruling from the North Carolina Supreme Court mandating that petitions of more than 100 death row inmates be heard by the courts due to evidence of racial bias in jury selection under the state’s Racial Justice Act. Not only does Bacote’s life depend on the outcome, but so does the future of the death penalty in North Carolina.

“I don’t know that there’s a weaker case for the death penalty than Mr. Bacote,” says Gretchen Engel, executive director of The Center for Death Penalty Litigation. “This case, with all of the other evidence we have, [shows] that racism permeates the death penalty in our state and nationwide.”

North Carolina has not executed anyone since 2006.

In 2009, the state legislature passed the Racial Justice Act, banning the death penalty in cases where race was determined to be a factor in sentencing. 

The law was retroactive for the 145 inmates on death row at the time; however, it was repealed in 2013 after Republicans seized control of the legislature. 

A lengthy legal battle has been waged since, ending in the state Supreme Court’s 2020 ruling that all pending petitions under the act had the right to be heard for reevaluation.

Statistical evidence has shown that the state systematically discriminated against Black jurors, as upheld in death row inmate Marcus Robinson’s 2012 appeal against the state, which found that Black jurors were twice as likely to be excluded from selection. 20 % of inmates on North Carolina’s death row had been sentenced by an all-white jury, and about 1/4 of inmates had been convicted by a jury with only a single person of color, studies also showed. In cases with White victims, the defendant was nearly 3 times more likely to be sentenced to death.

The bias was flippant in some cases, with prosecutors shown to have written notes calling jurors “blk wino,” or “blk, high drug.” Training sessions taught prosecutors to be more discreet in their decision-making by giving vague excuses like “body language” or “lack of eye contact” to keep Black jurors from the bench.

Now, it will be the burden of the state to prove that race did not taint the jury selection in Bacote’s trial. According to Duke law professor James Coleman, the court’s decision regarding the statistical findings likely will impact the rest of the hearings.

“If the court finds that evidence shows that race was a factor in Johnston County, then that decision will likely apply to other cases in Johnson County because the state will have had an opportunity to defend it in this case, and it doesn’t get a chance to challenge an issue that has already lost,” Coleman told the INDY. “So some of the evidence found in an individual case might be binding for the state in subsequent cases.”

Bacote’s hearing began Friday when his legal team appeared before Superior Court Judge Wayland Sermons Jr. at the Wake County Courthouse to request documents from the state, including jury selection notes and training records. Should his appeal succeed, he will be re-sentenced to life without the possibility of parole.

Regardless of the outcome, it will likely be appealed to higher courts. The state Supreme Court currently has a liberal majority on the bench, but the case is unlikely to reach it until after the 2022 election.

The hearing came, coincidentally, the same week that a North Carolina jury awarded $75 million—the largest-ever payout in a case of wrongful conviction—to former death row inmates Henry McCollum and Leon Brown, who spent nearly 31 years in prison for the 1983 rape and murder of an 11-year-old girl found dead in a soybean field. 

They were exonerated in 2014 after DNA evidence implicated Roscoe Artis, who was already serving life in prison at the time, for the murder.

The petitions slated to be heard under the Racial Justice Act will also be costly to the state, especially if, after the first few cases play out, Attorney General Josh Stein decides to continue trying each case individually.

“I would be interested in whether the Attorney General is considering looking at some of these early cases as test cases with the idea that after some number, when the evidence is clear, that he will stop defending these cases and go in and confess error,” Coleman says. “I don’t think he would have the courage to do that but if you were a private law firm representing a client in a series of cases like these [...] at some point, you would advise your client that it is a waste of time to continue to defend these cases based on the evidence.”

A spokesperson for Stein’s office declined to comment on the specifics of the cases.

“Our office will follow the law as enacted by the legislature and in accordance with applicable court rulings,” they wrote via email.

Source: indyweek.com, Staff, May 26, 2021


🚩 | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

Florida executes Edward James

Edward James received 3-drug lethal injection under death warrant signed in February by governor Ron DeSantis  A Florida man who killed an 8-year-old girl and her grandmother on a night in which he drank heavily and used drugs was executed on Thursday.  Edward James, 63, was pronounced dead at 8.15pm after receiving a 3-drug injection at Florida state prison outside Starke under a death warrant signed in February by Governor Ron DeSantis. The execution was the 2nd this year in Florida, which is planning a 3rd in April. 

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Louisiana executes Jessie Hoffman Jr.

Louisiana used nitrogen gas Tuesday evening to execute a man convicted of murdering a woman in 1996, the 1st time the state has used the method, a lawyer for the condemned man said.  Jessie Hoffman Jr., 46, was put to death at the Louisiana State Penitentiary, defense lawyer Cecelia Kappel said in a statement. He was the 1st person executed in the state in 15 years, and his death marked the 5th use of the nitrogen gas method in the US, with all the rest in Alabama.  Hoffman was convicted of the murder of Mary "Molly" Elliott, a 28-year-old advertising executive. At the time of the crime, Hoffman was 18.

The doctor defending Louisiana’s controversial execution method

Dr. Joseph Antognini travels across the nation, being paid over $500 an hour by government officials who rely on him to vouch for their execution protocols. This [article] is part of “ Operating Capital ,” an ongoing Lens discussion about Louisiana’s resumption of executions. Earlier this month, Dr. Joseph Antognini, a California-based retired anesthesiologist, walked into the execution chamber at Louisiana State Penitentiary at Angola. He tried on the air-tight mask that prison staff plan to use to execute Death Row prisoner Jessie Hoffman , using nitrogen hypoxia, a method that Louisiana executioners have never before used.

Texas Death Row chef who cook for hundreds of inmates explained why he refused to serve one last meal

Brian Price would earn the title after 11 years cooking for the condemned In the unlikely scenario that you ever find yourself on Death Row, approaching your final days as a condemned man, what would you request for your final meal? Would you push the boat out and request a full steal dinner or play it safe and opt for a classic dish such as pizza or a burger? For most of us it's something that we'll never have to think about, but for one man who spent over a decade working as a 'Death Row chef' encountering prisoner's final requests wasn't anything out of the ordinary.

South Carolina plans to carry out a firing squad execution. Is it safe for witnesses?

South Carolina plans to execute a man by firing squad on March 7, the first such execution in the state and the first in the nation in 15 years. But firearms experts are questioning whether South Carolina's indoor execution setup is safe for the workers who will shoot the prisoner and the people who will watch. Photos released by the South Carolina Department of Corrections show that the state intends to strap the prisoner, Brad Sigmon, to a metal seat in the same small, indoor brick death chamber where South Carolina has executed more than 40 other prisoners by electric chair and lethal injection since 1985.

Indonesia | Lindsay Sandiford convinced she will be released soon

A British drugs mule grandmother on Indonesia's death row is so convinced she will be freed from prison that she has started given her clothes away to other inmates.  Lindsay Sandiford, 67, has been incarcerated in a cramped cell inside Bali's hellish Kerobokan prison since 2013 where she is facing execution by firing squad.  The grandmother-of-two was sentenced to death for attempting to smuggle £1.6million worth of cocaine into Indonesia's capital by stuffing it into the lining of her suitcase.  But her pals say she has now 'slumped into depression' as she thought she would have been released by now due to a change in the country's law. 

Supreme Court rejects appeal from Texas death row inmate

WASHINGTON (AP) — The Supreme Court on Monday rejected an appeal from a Texas death row inmate whose bid for a new trial drew the support of the prosecutor’s office that originally put him on death row. The justices left in place a Texas appeals court ruling that upheld the murder conviction and death sentence for Areli Escobar, even though Escobar’s case is similar to that of an Oklahoma man, Richard Glossip, whose murder conviction the high court recently overturned.