Civil rights attorney questions what role race played in death penalty conviction of Johnston County man
An esteemed civil rights attorney took the stand in a Johnston County trial that could have implications for more than 100 inmates on death row.
Hasson Bacote is arguing that he was convicted of the death penalty based on racial bias.
The Racial Justice Act is what is in question. The act allows death-row prisoners, like Bacote, to challenge their sentence if they can prove that race played a role their prosecution.
Attorney Bryan Stevenson testifies that much of the jury selection process supports Bacote's claim.
Stevenson testified that his research of systemic racial bias in other parts of the country matched some of the same patterns here in the jury selection process – where Black jurors were unnecessarily excluded.
Bacote was sentenced to death by 10 white jurors and two Black jurors in 2009. Stevenson argues that prosecutors tend to think of diversity on the jury like a quota that needs to be filled.
"Mr. Bulter seems to be arguing that because he accepted a Black juror and because he struck one white juror, that he had done all that was required," Stevenson said.
The lead prosecutor on Bacote’s case, Greg Butler, said he does not judge based on race. Stevenson says some jurors were asked different questions. He also notes that when they were specifically asked about their thoughts regarding the death penalty, many – regardless of race – had similar answers.
"You can argue that what these white jurors is expressing is even more resistance or discomfort with the death penalty," Stevenson said. "Yet, they are accepted and the Black jurors are not."
Bacote was convicted in the 2007 death of Anthony Surles during an attempted robbery. After recess, Bacote’s attorneys questioned Butler about his word choice during Bacote’s case.
"I didn't mean it in a racist way at all," Butler said. "I meant it in a way that this person had committed two other crimes of robbery."
Surles mother, Gloria Crisp, said she wants Bacote to stay on death row.
"We went to trial for three weeks to get this verdict," Crisp said. "I was very pleased with it."
"He can see his family," Crisp said. "His family can come and visit him. I got to go the grave site."
One of the defense attorneys said that if Bacote’s claims are proven to be true, he will instead serve a life sentence.
