In Raleigh, North Carolina, a judge has ruled that racial bias influenced the jury selection in the case of Hasson Bacote, a Black man who contested his death sentence under the North Carolina Racial Justice Act (RJA). The court's decision highlighted evidence of discrimination not only in Bacote's trial but also in other cases handled by Assistant District Attorney Greg Butler and within Johnston County and District 11. This conclusion was drawn from various sources, including statistical data and social science research.
Cassandra Stubbs, director of the American Civil Liberties Union’s Capital Punishment Project, commented on the ruling: “This decision provides more definitive proof that capital prosecutions in North Carolina are tainted with racial bias and discrimination.” She emphasized that the ruling could benefit over a hundred individuals with similar claims.
Superior Court Judge Wayland J. Sermons Jr. found that prosecutors disproportionately excluded Black jurors compared to white jurors in Bacote's case. He noted the use of racially charged language by prosecutors as part of his findings.
Hasson Bacote expressed gratitude for the support he received during his legal battle: “I am deeply grateful to my family, my lawyers, the experts, and to everyone who fought for justice — not just in my case, but for so many others.”
The ruling offers guidance for others on death row with RJA claims. Although former Governor Cooper commuted Bacote's sentence to life without parole at the end of 2024, this case remains significant for those with pending claims.
Ashley Burrell from the Legal Defense Fund remarked on the broader implications: “Today’s ruling affirms what we have argued all along: racism infects the death penalty.”
The North Carolina Racial Justice Act was introduced in 2009 to allow challenges based on racial bias in trials. Although repealed in 2013, a 2020 Supreme Court decision ensured hearings for those who had already filed claims. Bacote's case is notable as it prompted statewide discovery of prosecution notes from capital trials dating back to 1980.
Gretchen M. Engel from the Center for Death Penalty Litigation stated: “The sweeping evidence of discrimination in jury selection and the definitive conclusions by Judge Sermons vindicate the legislature’s decision to enact the Racial Justice Act in 2009.”
Bacote is represented by several organizations including ACLU Capital Punishment Project and Legal Defense Fund.
