NC judge's ruling opens door for death row prisoners to challenge cases due to racial bias

JOHNSTON COUNTY, N.C. (WTVD) -- A legal decision handed down in Johnston County could have big impacts for more than 100 prisoners currently on death row in North Carolina.

A judge ruled on Friday that race played a role in the case of Hasson Bacote. Attorneys representing him say the evidence is overwhelming.

During his ruling, Judge Wayland Sermons said, "In Johnston County, Black defendants like Mr. Bacote faced a 100 percent chance for receiving the death sentence, while white defendants have a better than even chance receiving a life sentence."

The judge says race influenced Bacote's case by the racial makeup of his jury and the decision to give a Black man a life sentence.

In 2024, the court heard nearly two weeks of evidence from expert witnesses in this case, which included statistical analysis, social science research and the historical and present-day influence of race and the administration of justice across the state and in Johnston County specifically.

The court also considered evidence from lead prosecutor Greg Butler who the judge says had a history of unfairly prosecuting Black defendants.

"In another capital case, Mr. Butler called a Black defendant a piece of trash."

Judge Wayland Sermons says the prosecutor even called Bacote names.

Cassandra Stubbs with the ACLU Capital Punishment Project said, "He referred to Mr. Bacote as a thug. He testified that was a term that did have racial connotations and he was aware of that."

Bacote spent 15 years on death row before former Governor Roy Cooper commuted his sentence to life without parole in December 2024.

Judge Sermons told the court that the ruling in this case means every pending racial justice act case should be handled individually and based on their facts.

"The statewide order does find a lot of evidence of discrimination statewide. The judge is suggesting other people bring their claims forward and litigate them," Stubbs said.

Lawyers say this ruling means there is a lot of evidence of discrimination in North Carolina death penalty cases.

And that the other 121 people who remain on North Carolina's death row now have a chance to have their cases reexamined.

"I hope that what happens is the leadership in NC finally sits down and wrestles with these facts. A different way of selecting juries," Stubbs added.

SEE ALSO | Cooper commutes sentences of 15 on death row, issues other pardons and commutations

Bacote's case is the lead case under the North Carolina Racial Justice Act.

That is a 2009 law that allowed people sentenced to death to bring forward evidence that race affected their trials and sentences.