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The law was retroactive for the 145 inmates on death row at the time; however, it was repealed in 2013 after Republicans seized control of the legislature.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

Tennessee | Death row inmate refuses to choose between electric chair and lethal injection

Harold Nichols is scheduled to die in December for raping and murdering a student Harold Wayne Nichols, a death row inmate in Tennessee, has declined to select his preferred execution method for his scheduled December 11 death. That means that the state will proceed with lethal injection. Nichols received his death sentence in 1990 after being found guilty of the rape and murder of Karen Pulley, a 21-year-old student at Chattanooga State University, which occurred two years prior.

‘I’ll be executed on Tuesday’: families reveal panicked last calls from foreigners on Saudi’s death row

Relatives share with the Guardian final words of those killed amid ‘horrifying’ surge in capital punishment under Mohammed bin Salman’s rule In the city of Tabuk in the far north of Saudi Arabia, neon lights flicker on in an overcrowded ward of a prison marking the start of a new day. The prisoners are waiting. When the guards enter, they know someone is about to be taken away. An execution squad of about 20 guards will approach an inmate quietly, whisper something in their ear and escort them out. Some break down in tears, others simply ask for forgiveness.

Oklahoma governor spares life of death row inmate just before scheduled lethal injection

Republican Kevin Stitt commuted Tremane Wood’s death sentence to life in prison for 2002 murder of Ronnie Wipf Tremane Wood, the 46-year-old death row inmate who faced execution today in Oklahoma, has had his life spared just minutes before he was set to receive a lethal injection. Kevin Stitt, the state’s Republican governor, accepted the Oklahoma pardon and parole board’s recommendation that Wood’s sentence be commuted to life in prison without parole. It is just the second time during Stitt’s nearly seven years as governor that he has granted clemency.

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

South Carolina executes Stephen Bryant

South Carolina executes killer who left bloody message, marking third firing-squad execution this year  A South Carolina man convicted of killing 3 people over 5 days more than 20 years ago was executed by a firing squad on Friday evening.  Stephen Bryant, 44, was executed for killing a man in his home and writing "catch me if u can" on the wall with the victim's blood. He was pronounced dead at 6:05 p.m. following a firing squad. Three prison employees, all with live ammunition, volunteered to carry out the execution. Bryant is the 3rd man this year to die by South Carolina's newest execution method. 

UK | Lindsay Sandiford back in London

Two British drug convicts, including a grandmother who had been on death row in Indonesia for more than a decade, arrived back in the UK on Friday. Indonesia has some of the world's toughest drug laws, but has moved to release more than half a dozen high-profile detainees in the last year. Lindsay Sandiford, 69, was sentenced to death on the tourist island of Bali in 2013 for smuggling $2.14 million worth of cocaine into Indonesia. She was released on humanitarian grounds along with Shahab Shahabadi, 36, who had been serving a life sentence for drug offences after his arrest in 2014.

Florida | Military vets are third of inmates executed in Florida this year, report finds

A new report finds that five of the 15 people executed in Florida this year were military veterans. Florida Gov. Ron DeSantis is defending his modern-era record for executions this year, saying he is bringing justice to the families of victims. But a new report reveals some troubling data: Five of the 15 convicted murderers executed this year in Florida were military veterans.

Woman who watched nearly 300 executions explained moment she had to give it up

Michelle Lyons' job wasn't for the fainthearted A woman who watched nearly 300 death row executions take place over 12 years opened up about how her macabre career impacted her life. For more than a decade, it was part of Michelle Lyons' job description to observe the final moments of hundreds of prisoners in the US state of Texas. She says the process never 'become mundane or normal', although she did become acclimatized to it - as she went on to watch so many executions that she 'can't recall' a lot of them.

South Carolina man is scheduled to be executed by firing squad

A man on death row in South Carolina is scheduled to be executed by firing squad COLUMBIA, S.C. -- A man in South Carolina is scheduled to be executed Friday by a firing squad, the third person to die by that method in the state this year. Three prison employees, all with live ammunition, have volunteered to carry out the execution of Stephen Bryant, 44, who killed three people in five days in a rural area of the state in 2004. Bryant has no appeals pending before the 6 p.m. scheduled execution at the death row facility at Broad River Correctional Institution in Columbia.

Syria | Man to be hanged for harrowing murder of eight-year-old girl, in first death sentence since Assad ouster

A court in northeast Syria has sentenced a man to death by hanging after finding him guilty of raping and murdering an eight-year-old girl. Youssef al-Dahham, 25, was convicted of raping and murdering the child in the village of Muhkan in Deir az-Zour governorate. Security forces announced on 13 August the arrest of Dahham, who reportedly confessed to the crime after interrogation. The crime dates back to August, when Dahham snatched the girl outside her home, raped and murdered her.