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threw out the death sentence and ordered a new sentencing hearing. Bacon was resentenced to death by an all-white jury in 1991. -The population of Onslow County is approximately 20 percent African-American. -Before Bacon's 1987 trial, trial counsel filed a motion to prohibit the prosecutor from dismissing African-American jurors. Bacon's attorneys argued in their motion that the District Attorney had shown "a pattern of discrimination against black jurors" by excusing them in death penalty cases. The trial judge denied the motion. -Forty-two citizens were called and questioned for jury service in the 1987 trial. Of these, only four were African-American. The trial judge found two of these were not qualified to serve and dismissed them. The State dismissed the other two. -During jury selection in Bacon's 1991 resentencing hearing, 48 jurors were called and questioned. Of these, only two were not white: an African-American man and a Hispanic man. The State dismissed both men of color. -The last three African-American executed in North Carolina were sentenced to death by all-white or nearly all-white juries: only two of 36 jurors were African-American.
Racial Bias Infected Jury Deliberations
At trial and in the resentencing hearing deliberations, jurors improperly considered race. At trial, jurors made racial jokes. Jurors from Bacon's resentencing hearing admitted that when they were deciding punishment they held it against Bacon that he was romantically involved with a white woman.
Racial Bias is Demonstrated by the Disparate Punishment of Bacon's Codefendant Numerous studies have shown that the likelihood of being sentenced to death is much greater if the victim is white. Black defendants accused of killing white people have the highest chance of receiving the death penalty. In this case, Bonnie Clark hatched the plot to kill her husband; she dominated Bacon and manipulated him into committing the killing. Yet, Bonnie Clark received a life sentence.
This information was compiled by Bacon's legal defense team.
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