North Carolina v. Hasson Bacote

Photo: Courtesy of the ACLU of Florida

For the first time since 2020, a capital defendant in North Carolina had a successful RJA claim. 

After decades of racial disparities in capital sentencing, the Racial Justice Act offers a rare opportunity for justice in North Carolina’s death penalty cases. Passed in 2009, the Racial Justice Act (RJA) was designed to eliminate racial discrimination in capital sentencing in North Carolina. Racial discrimination and bias are demonstrated by the historical exclusion from juries and their disproportionately higher rates of capital punishment compared to white defendants. To address these disparities, the RJA provides an avenue of relief for capital defendants who believe race was a significant factor in their sentencing.

For the first time since 2020, a capital defendant in North Carolina had a successful RJA claim.  At twenty-one years old, Hasson Bacote was convicted of first-degree felony murder and sentenced to death by a predominantly white jury in Johnston County, NC. The felony murder rule is a legal doctrine that allows a person to be charged with first-degree murder if someone dies during the commission of a felony, even if the death was unintentional. Under this rule, all participants in the felony can be held responsible for the killing, regardless of who caused the death. Bacote is one of the eleven individuals in North Carolina who has been convicted and sentenced to death “solely under the felony murder doctrine”. A year after his trial and sentencing hearing, Bacote filed for relief under the RJA, alleging that discrimination influenced his sentencing and the jury selection process.

Black defendants have a 100% chance of being sentenced to death in Johnston County

At a two-week evidentiary hearing in the spring of 2024, Bacote’s legal team argued that the State engaged in a persistent pattern of unlawful racial discrimination throughout jury selection.  To support their claims, Bacote’s team used historical data, social science, and court records to demonstrate a pattern of racial discrimination in North Carolina.  Statistical evidence showed that in Johnston County, black jurors were excluded at more than three times the rate of white jurors.  In cases prosecuted by ADA Gregory Butler, black jurors were ten times more likely to be removed from the jury pool than white jurors. Further statistical data showed that in Johnston County, black defendants have a 100% chance of being sentenced to the death penalty.

Bacote’s case is the first in “North Carolina where a trial court has ordered statewide discovery of prosecution notes from all capital trials of jury selection.” The notes revealed that prosecutors used offensive stereotypes, racial descriptions, and denigrating language when describing jurors. Examples include referring to a black juror as “strong as a bull,” labeling a woman as “obese in a jungle print dress,” and making race-conscious comments about where Black people live.  In further review of the prosecutor’s closing arguments, Bacote’s legal team cited specific instances where Mr. Butler personally referred to Black defendants as “thugs” and “predators of the African plain.”

This isn’t the first time Mr. Butler’s conduct has drawn attention. During a previous capital trial, the presiding judge reprimanded him and explicitly warned him not to refer to the defendant as an animal. Despite the warning, Mr. Butler continued to compare the defendant to an animal. The use of this language reflects deeply ingrained racial biases that have been permeating courtrooms across North Carolina. By granting access to these prosecution notes, the court allowed a thorough look into whether prosecutors deliberately excluded Black jurors, potentially uncovering direct evidence of racial bias.

The Johnston County Superior Court determined that race had unlawfully influenced capital sentencing not only in Bacote’s case but also throughout Johnston County.  In December 2024, Governor Roy Cooper commuted Bacote’s death sentence to life imprisonment without parole.  While the successful RJA claim had no effect on Bacote’s sentence, the ruling has established precedent for other inmates on death row who want to pursue relief. By permitting the use of statistical evidence, social science, and historical data to prove patterns of discrimination, future claimants will have more resources to successfully challenge their sentences.