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The law was retroactive for the 145 inmates on death row at the time; however, it was repealed in 2013 after Republicans seized control of the legislature.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

Singapore executes three drug mules over two days

Singapore hanged three people for drug offences last week, bringing the total number of executions to 17 this year - the highest since 2003. These come a week before a constitutional challenge against the death penalty for drug offences is due to be heard. Singapore has some of the world's harshest anti-drug laws, which it says are a necessary deterrent to drug crime, a major issue elsewhere in South East Asia. Anyone convicted of trafficking - which includes selling, giving, transporting or administering - more than 15g of diamorphine, 30g of cocaine, 250g of methamphetamine and 500g of cannabis in Singapore will be handed the death sentence.

Florida | After nearly 50 years on death row, Tommy Zeigler seeks final chance at freedom

The Winter Garden Police chief was at a party on Christmas Eve 1975 when he received a phone call from his friend Tommy Zeigler, the owner of a furniture store on Dillard Street. “I’ve been shot, please hurry,” Zeigler told the chief as he struggled for breath. When police arrived at the store, Zeigler, 30, managed to unlock the door and then collapsed “with a gaping bullet hole through his lower abdomen,” court records show. In the store, detectives found a gruesome, bloody crime scene and several guns. Four other people — Zeigler’s wife, his in-laws and a laborer — lay dead.

Louisiana death row inmate freed after nearly 30 years as overturned conviction upends case

A Louisiana man who spent nearly 30 years on death row walked out of prison Wednesday after a judge overturned his conviction and granted him bail. Jimmie Duncan, now in his 60s, was sentenced to death in 1998 for the alleged rape and drowning of his girlfriend’s 23-month-old daughter, Haley Oliveaux — a case long clouded by disputed forensic testimony. His release comes months after a state judge ruled that the evidence prosecutors used to secure the conviction was unreliable and rooted in discredited bite-mark analysis.

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.

Vietnam | Woman sentenced to death for poisoning 4 family members with cyanide

A woman in Dong Nai Province in southern Vietnam was sentenced to death on Thursday for killing family members including two young children in a series of cyanide poisonings that shocked her community. The Dong Nai People's Court found 39-year-old Nguyen Thi Hong Bich guilty of murder and of illegally possessing and using toxic chemicals. Judges described her actions as "cold-blooded, inhumane and calculated," saying Bich exploited the trust of her victims and "destroyed every ethical bond within her family."

Afghanistan | Two Sons Of Executed Man Also Face Death Penalty, Says Taliban

The Taliban governor’s spokesperson in Khost said on Tuesday that two sons of a man executed earlier that day have also been sentenced to death. Their executions, he said, have been postponed because the heir of the victims is not currently in Afghanistan. Mostaghfer Gurbaz, spokesperson for the Taliban governor in Khost, also released details of the charges against the man executed on Tuesday, identified as Mangal. He said Mangal was accused of killing members of a family.

Afghanistan's Taliban rulers carry out public execution in sports stadium

The man had been convicted of killing 13 members of a family, including children, and was executed by one of their relatives, according to police. Afghanistan's Taliban authorities carried out the public execution of a man on Tuesday convicted of killing 13 members of a family, including several children, earlier this year. Tens of thousands of people attended the execution at a sports stadium in the eastern city of Khost, which the Supreme Court said was the eleventh since the Taliban seized power in 2021 in the wake of the chaotic withdrawal of US and NATO forces.

Utah | Ralph Menzies dies on death row less than 3 months after his execution was called off

Judge was set to consider arguments in December about Menzies’ mental fitness  Ralph Menzies, who spent more than 3 decades on Utah’s death row for the 1986 murder of Maurine Hunsaker, has died.  Menzies, 67, died of “presumed natural causes at a local hospital” Wednesday afternoon, according to the Utah Department of Corrections.  Matt Hunsaker, Maurine Hunsaker’s son, said Menzies’ death “was a complete surprise.”  “First off, I’d say that I’m numb. And second off, I would say, grateful,” Hunsaker told Utah News Dispatch. “I’m grateful that my family does not have to endure this for the holidays.” 

Iran carries out public hanging of "double-rapist"

Iran on Tuesday publicly executed a man after convicting him of raping two women in the northern province of Semnan. The execution was carried out in the town of Bastam after the Supreme Court upheld the verdict, the judiciary's official outlet Mizan Online reported. Mizan cited the head of the provincial judiciary, Mohammad Akbari, as saying the ruling had been 'confirmed and enforced after precise review by the Supreme Court'. The provincial authority said the man had 'deceived two women and committed rape by force and coercion', adding that he used 'intimidation and threats' to instil fear of reputational harm in the victims.

Burkina Faso to bring back death penalty

Burkina Faso's military rulers will bring back the death penalty, which was abolished in 2018, the country's Council of Ministers announced on Thursday. "This draft penal code reinstates the death penalty for a number of offences, including high treason, acts of terrorism, acts of espionage, among others," stated the information service of the Burkinabe government. Burkina Faso last carried out an execution in 1988.