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The law was retroactive for the 145 inmates on death row at the time; however, it was repealed in 2013 after Republicans seized control of the legislature.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

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

California | Convicted killer Scott Peterson keeps swinging in court — but expert says he’s not going anywhere but his cell

More than two decades after Laci Peterson vanished from her Modesto, California, home, the murder case that captivated the nation continues to draw legal challenges, public debate and renewed attention. As the year comes to a close, Scott Peterson, convicted in 2004 of murdering his pregnant wife and their unborn son Conner, remains behind bars, serving life without the possibility of parole. His wife disappeared on Christmas Eve in 2002, and a few months later, the remains of Laci and Conner were found in the San Francisco Bay.

Death toll in Iran protests could exceed 30,000

In an exclusive report, the American magazine TIME cited two senior officials from the Iranian Ministry of Health, who stated that the scale of the crackdown against protesters on January 18 and 19 was so widespread that 18-wheeler trailers replaced ambulances. In its report, based on testimony from these two high-ranking officials, TIME revealed statistics that differ vastly from the official narrative of the Islamic Republic.

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.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.

Florida's second execution of 2026 scheduled for February

Florida’s second execution of 2026, a man convicted of killing a grocery story owner, will take place in February. Gov. Ron DeSantis signed the death warrant Jan. 23 for Melvin Trotter, 65, to die by lethal injection Feb. 24.  Florida's first execution will take place just a few weeks earlier when Ronald Palmer Heath is set to die Feb. 10. Trotter was convicted of first-degree murder and sentenced to death in 1987 for strangling and stabbing Virgie Langford a year earlier in Palmetto. 

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.