SMITHFIELD, NC – Johnston County Superior Court Judge Wayland Sermons last week ruled “race was a significant factor in both jury selection and the decision to impose death in the case of Hasson Bacote” and granted relief for Bacote from his death sentence under the North Carolina’s Racial Justice Act (RJA), reported the Death Penalty Information Center (DPI).
Judge Sermons also discovered that racial discrimination played a role in the rulings of all death sentences in Johnston County and neighboring Harnett and Lee Counties, which could impact the outcomes of other pending RJA claims according to DPI.
In 2009, Bacote, a Black man, was sentenced to death and challenged his conviction using the RJA, arguing racial bias influenced the jury selection in his case along with all death penalty cases throughout North Carolina, stated DPI.
In his ruling, Judge Sermons said “the evidence showed that prosecutors struck Black venire members at vastly disproportionate rates compared to venire members of other races in death penalty cases in Johnston County, reported DPI, noting Sermons added “race was the basis of the decision to impose a death sentence on Mr. Bacote.”
Judge Sermons said “in Johnston County, Black defendants like Mr. Bacote have faced 100 percent chance of receiving a death sentence, while white defendants have a better than even chance of receiving a life sentence,” said DPI.
According to DPI, Judge Sermons specifically cited prosecutor Greg Butler’s behavior, who was the prosecutor in Bacote’s case along with many other cases, stating Butler, “as a rule, struck qualified Black venire members at a rate 3.48 times higher than the rate of all others.”
Judge Sermons also noted that Butler referred to Bacote as a “thug, cold-hearted and without remorse during the trial,” and Butler admitted under oath that these words have racial connotations, reported DPI.
Butler also referred to Black accused in other cases using derogatory terms such as “piece of trash” and “predators of the African plain,” charged DPI.
